Constitutional Court Upholds Landmark GMO Ruling
The Constitutional Court of South Africa dismissed an application for leave to appeal concerning genetically modified organisms (GMOs), reinforcing a historic legal decision. The court ruled that the appeal had no reasonable prospects of success, confirming the Supreme Court of Appeal's judgment from 22 October 2024.
Background of the Case
The case, brought by the African Centre for Biodiversity (ACB) against Monsanto/Bayer and the government, challenged the commercial approval of genetically modified drought-tolerant maize. The Supreme Court of Appeal set aside this approval, making it the first significant judicial ruling on GMO decision-making in South Africa.
Details of the Appeal
- The application for leave to appeal was submitted in November 2024 by government officials, including the Minister of Agriculture, Forestry and Fisheries and other related authorities.
- The Constitutional Court, composed of 11 judges, dismissed the application on 4 November 2025, ordering costs against the appellants.
"The application was dismissed with costs because it bears no reasonable prospects of success."
"Thus, the original judgement of the Supreme Court of Appeal, delivered on 22 October 2024, in ACB’s case against Monsanto/Bayer and the State stands."
ACB's Response
The African Centre for Biodiversity expressed significant relief at the decision, viewing it as a major victory for environmental and public interests in South Africa.
Summary
This ruling marks a critical precedent in GMO regulation, emphasizing judicial oversight in biotechnology approvals and affirming legal protections against unchecked GMO commercialization.
Author's note: The Constitutional Court’s decision solidifies legal boundaries on GMO approval, representing a landmark victory for environmental advocates in South Africa.