Regulation of genetically modified organisms in South Africa and influence of the Cartagena Protocol on biosafety

Abstract

Food insecurity has become a global problem that, if left unaddressed, will only worsen due to the adverse effects of climate change and the rapid growth of the world's population. Traditional methods of crop improvement are not effective under these conditions as they require considerable time and effort to implement effectively. Genetically Modified (GM) crops produced with the help of biotechnological tools can be an ideal alternative due to their precision and speedy implementation, with their rapid global adoption and consequent success demonstrating the effectiveness of the technology. South Africa is a prime example of how the application of the technology can assist countries struggling with hunger and food insecurity. Since its approval of GM maize in the late 1990s, the country has seen considerable success with GM crops. The country is now one of the world's leading producers of GM crops and has gained substantial economic benefits from them, unlike many countries in Africa which suffer from food shortages. We assert that this was made possible primarily due to a functional regulatory process being in place. The commencement of South Africa's first legislation took place on 1st December 1999 with the Genetically Modified Organisms Act, 1997. On 14 August 2003, the nation subsequently signed the Cartagena Protocol on Biosafety (CPB), which aims to ensure the safe transfer, handling, and use of GMOs. The CPB had a significant impact on the evolution of the regulatory system of the country and prompted an amendment to be made to the original act. Among other things, the country had put a particular emphasis on the protection of human and animal health and the preservation of biological diversity. The country further published various guidelines to ensure the safe release of GM crops and imposed stricter regulations on the transboundary movement of GMOs. As of 2022, as per the International Service for the Acquisition of Agri-biotech Applications (ISAAA), South Africa approved a total of 72 different events allowing GM crops or their products to be used as food, feed and cultivation. Countries that have not yet implemented a regulatory system can use the CPB and South Africa's regulatory system to develop an effective, functional biosafety framework for the cultivation of GMO crops which will in turn help them to boost agricultural productivity and food security.