Sakeliga is pursuing further action against the Department of Agriculture, Land Reform, and Rural Development regarding its illegal AgriBEE plans and potential violation of international trade agreements.

This comes after Sakeliga's publication of the department's confidential internal plans to enforce illegal BEE requirements in the agricultural sector.

Sakeliga deems the Department’s AgriBEE enforcement plan and guidelines to be unlawful and unconstitutional.  

Sakeliga has formally requested the Minister to withdraw the plans and provide feedback by December 8. Additionally, Sakeliga has submitted four PAIA requests to the department, seeking more information about the confidential AgriBEE plans, including their development, application, and implications for international trade agreements.

Three of the requests focus on how the department believes the AgriBEE plans align with international trade agreements with the European Union, the United Kingdom, and Northern Ireland, and the World Trade Organization.

The department published three regulations on these trade agreements between October 30 and November 2, 2023, incorporating BEE requirements for preferential tariff exports and imports.

The fourth PAIA request seeks access to all records related to the development of AgriBEE Sector Codes, the AgriBEE Plan, and the AgriBEE Enforcement Guidelines. This information aims to demonstrate the department's commitment to international trade agreements and how it interprets them.

The requests highlight concerns about the clarity and alignment of the department's approach with Marrakesh Agreement and Economic Partnership Agreements.

From Sakeliga’s letter to the Minister:

“Sakeliga hereby requests the Minister and her Department to formally:

1. Recognise the existence and implications of its AgriBEE Enforcement Plan and accompanying AgriBEE Enforcement Guidelines, which ostensibly propose limitations on the provision of 'services'—specifically, the issuance of permits, licences, and certificates—contingent upon the racial classification of applicants;
2. Acknowledge that her department has exerted influence upon various state entities to enforce BEE stipulations across all permits and licences and to deny 'services' to enterprises deemed 'non-compliant';    Bladsy / Page  5/5 www.kwv-inc.com
3. Rescind the aforementioned AgriBEE Plan and AgriBEE Enforcement Guidelines; or, in lieu thereof, furnish detailed justifications for their purported legality (to enable a thorough evaluation and potential contestation thereof); and
4. 4 Commit that her department shall refrain from coercing its internal divisions or other state bodies to predicate their functions (such as the granting of permits, licences, etc.) on an individual's race or their adherence to BEE criteria.”

The outcome of these requests will shed light on the department's seriousness about international trade commitments and its interpretation of relevant agreements, and provide the grounds to proceed with legal action or legal recommendations to their clients.

In the mean time, Sakeliga has tackled the challenge of safeguarding productive farms against the guidelines.

The MAN approach, emphasizing Maximum Achievable Non-Compliance, prioritizes farming productivity, quality, and autonomy over adherence to state doctrines. Sakeliga suggests key considerations for farmers:

1. Non-compliance: Prioritize productivity, quality, social contribution, and fulfillment of commercial responsibilities over unquestioning compliance with harmful state doctrines. Challenge or circumvent destructive state policies by striving for maximum achievable non-compliance when demands are unlawful or detrimental.
2. Leverage Representative Organizations: Encourage farmers to reject BEE (Black Economic Empowerment) policies through agricultural representative bodies and resist state interference. Maintain strong relationships with foreign trading partners who value free and responsible trade relationships, emphasizing the critical role farmers play in both local and global commerce.
3. Cultivate Value-Centric Networks: Strengthen ties with suppliers and customers sharing the MAN strategy to reduce dependence on BEE-centric networks. Forge voluntary partnerships with independent business individuals from diverse cultural backgrounds, focusing on local and international reciprocal value creation.
4. Support Litigation Initiatives: Contribute to organizations like Sakeliga that develop comprehensive litigation strategies against the expansion of BEE into various business sectors. Sakeliga's successful track record in impactful litigation underscores the importance of supporting such initiatives.

By adopting a non-compliant mindset and committing to value creation instead of serving as instruments of state ideology, it is hoped that farmers can preserve their autonomy, resist harmful state intervention, and protect their interests in the face of discrimination and reckless social engineering.

The focus remains on productivity, quality, responsible trade practices, and fostering positive commercial relationships for a sustainable and thriving agricultural sector.