PARLIAMENTARY HEARING ON THE GMO AMENDMENT BILL
17-19 JANUARY 2006
SUMMARY OF RESPONSES TO GENERAL CONCERNS NOT RELATED TO A SPECIFIC SECTION OF THE AMENDMENT BILL

1. Government aims to provide the desired policy, institutional and regulatory set up to address constraints and facilitate growth in the agricultural sector. In this manner, interventions such as CASP and the LandCare programmes have been initiated to address inequity in the sector, maximize growth, while still protecting the natural resource base.

2. The amendment bill is not anticipated to have a direct impact on small scale farmers. Access to conventional seeds remains unaffected by the availability of GM seeds. Choice of farming system remains the prerogative of individual farmers.
A study by Gouse et al., (2005) estimated that about 10% of small-scale farmers plant their land with maize hybrids, while 90% of the small farmers’ land is planted with open pollinated varieties (OPVs) and saved seeds of hybrids and OPVs. Their study concludes that large scale adoption of Bt maize hybrids would be limited to areas already growing hybrids.

GM seeds are generally more expensive than conventional seeds. However, yield gains of up to 40% (for second season adopters) and the lower chemical costs easily offset the extra seed costs.

Institutional arrangements to provide farmers access to the Bt Cotton seed included: Farmers enter into a contractual arrangement with Vunisa, who sells seed & pesticides; provides credit through Land Bank of South Africa and provides information through extension service. They also buy cotton from farmers. Notwithstanding changes in market value of agricultural commodities, farmers’ debt increased when farmers defaulted on their loan payments by selling their cotton to a new company, Makhatini Cotton instead of Vunisa in accordance with their contractual agreement.

3. Conservation of genetic resources (including indigenous seeds) is an obligation under the Convention on Biological diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The Biodiversity Act provides the legal framework for the protection of all biological resources. Specific conservation efforts in terms of plant genetic resources for food and agriculture are performed by the National Gene Bank. The Gene Bank collects, characterizes and stores indigenous seeds from all agroecological zones in South Africa. Where possible, the associated traditional knowledge is documented. On request of farmers (from whom samples were collected), material can be repatriated.
The Department is also finalizing a policy on indigenous crop production. The purpose of this policy is to develop the indigenous crop sector through the following:
Supporting research and technology development of these crops.
Developing and promoting sustainable production practices.
Promoting consumption of these crops to create demand on both local and export markets.

4. The Department is currently developing the regulations on organic certification under the Agricultural Products Standards Act, 1990 (Act 119 of 1990).

5. In accordance with the common law principle, fault-based liability is proposed for all users of GMOs. Therefore liability may be assigned to the all, from developer to the final end user (refer to document 2).

6. GMO varieties are registered under the Plant Breeders’ Right Act, 1976 (Act 15 of 1976). Farmers’ privilege to use farm saved seeds for non-commercial purposes are provided for in section 23 of this Act.
Section 26 of this Act also provides for the compulsory licensing, which gives government the right to compel the issuance of a licence where an owner of a plant breeders’ right unreasonably refuses to issue such a licence.

7. Education of the use of GMOs is performed in collaboration with the Public Understanding of Biotechnology programme (PUB). However, the Department does not promote the use of genetically modified seeds or any other specific variety. The Department has recently completed a booklet on biotechnology for extension or advisory services, with the specific aim of increasing their capacity to inform farmers on the appropriate use of GMOs.