It’s none of my business!

Rose Williams

Biowatch Director

Legal case

1.Access to Information on Genetically Modified crops)

2.Appeal against a costs order

> Dept of Agriculture > > > High Court > > > Supreme Court

> > > Constitutional Court

The “players”

1.Biowatch

2.Department of Agriculture

3.Monsanto

4.Stoneville Pedigreed Seed Company

5.Delta & Pineland South Africa

6.Support – Legal Resources Centre, ODAC, Centre for Child

Law, Lawyers for Human Rights, Centre for Applied Legal

Studies

7.Civil society

The first issue - GM crops

The speed

1992 First field trials of maize

1997 First commercial plantings of maize in 1997

2000 GM crops cover 100,000 ha of South African land, 175 field trials are underway, and 5 commercial releases have been approved

Example of a GM maize crop: Bt maize

•Scientists take genes that produce a toxin from a bacterium (Bacillus thuringiensis) and force these into the DNA of plant cells.

•Each cell of the plant then produces the toxin – the mielie, the leaves, the stem, flowers, pollen and roots.

•Goal: to kill certain target pests, but …

Approved in a context:

● Public awareness? X

● Independent research? X

● Environmental Impact Assessment? X

● Approval by neighbours? X

Time line● 1997 GM maize and GM cotton approved in SA

● 2002 Court papers served

● 2003 Monsanto joins state

● 2004 Pretoria High Court

● 2005 Ruling – access to info, acting in the public

interest, but costs order

● 2006 Biowatch can appeal

Time line

● 2007 Appeal heard

● 2008 Appeal dismissed

● 2008 Appeal to Supreme Court

● 2008 Appeal to SC dismissed with costs

● 2009 Appeal to Constitutional Court

● 2009 Costs order over-turned●T

Organisations acting in the public interest

can litigate

without expecting the chilling effect

of costs orders being made against them

Who is Biowatch South Africa? Founded in 1997 as an environmental and social justice NGO,

we work with small-holder farmers, other civil society organisations and government

to ensure that people have control over their food, agricultural practices and land within a bio-diverse,

agro-ecological and sustainable system.

Key focus areas:Biodiversity | Food Sovereignty | Biosafety | Social Justice

Two-fold approach:•Advocacy, research and networking•Work on the ground with small-holder farmers

• Advocacy, research and networking