The African Centre for Biodiversity (ACB) has on 7th August 2015, lodged an appeal to Agriculture, Water Affairs and Forestry Minister Senzeni Zokwana, against the general release approval of Monsanto’s genetically modified (GM) maize, MON87460 granted by the Executive Council (EC): GMO Act. Such approval means that Monsanto can sell the GM maize seed, MON87460, to farmers in South Africa for cultivation. MON87460 is alleged to be ‘drought tolerant;’ a claim the ACB vehemently disputes.

Administrative justice, procedural fairness and sound science to the test

The appeal is a test for administrative justice and procedural fairness in regard to GM decision-making in South Africa. Administrative decision-making must be based on rigorous food safety, environmental and socio-economic assessments of the potential adverse effects of MON87460, taking into international biosafety best practice. According to the ACB, the EC’s approval is typical of GM decision-making, which simply reiterates and summarises information provided by Monsanto, who has a clear vested interest in the approval. Such “rubber stamping” is unlawful. The EC is under a legal obligation to apply a risk averse and cautious approach, which takes into account uncertainties and the limits of current knowledge about the consequences of approving MON87460 for commercial production. The GM variety will introduce novel proteins into human food and animal feed chains as well as the environment. There is no reliable history of safe use of the GM variety to justify its introduction in South Africa.