South Africa Case Law

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others (934/2023)

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others (934/2023) [2024] ZASCA 143; 2025 (2) SA 31 (SCA) (22 October 2024)

Court

Supreme Court of Appeal

Case number

934/2023

Judges

Molemela, Ponnan, Nicholls, Koen, Coppin

The Supreme Court of Appeal set aside approval for the general release of MON87460 maize, finding no evidence that the mandatory NEMA assessment inquiry under the GMO Act was made.

• Genetically Modified Organisms Act
• Precautionary Principle
• Environmental Impact Assessment
• Permit Approval
• Judicial Review
• Genetically-modified-organisms

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others

African Centre for Biodiversity NPC v Minister of Agriculture, Forestry and Fisheries and Others [2023] ZAGPPHC 520; 27524/2017 (27 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

27524/2017

Judge

R.G Tolmay

The court held that the applicant failed to establish grounds for review under PAJA. The Executive Council complied with section 5(1)(a) of the GMO Act and was not required to call for an independent environmental impact assessment, as the activity was not listed under NEMA and the evidence did not indicate a threat to indigenous species or the environment. The precautionary principle, while relevant to environmental law, is not directly applicable in review proceedings, which focus on lawfulness, reasonableness, and procedural fairness. Public participation requirements were met through news…

Source excerpt

• Promotion Of Administrative Justice Act
• Genetically Modified Organisms Act
• Precautionary Principle
• Procedural Fairness
• Adequacy Of Reasons
• Public Participation