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

Monsanto South Africa (Pty) Ltd applied in July 2014 for a permit under the Genetically Modified Organisms Act 15 of 1997 for the general release of a genetically modified maize variety, MON87460. The Executive Council for Genetically Modified Organisms approved the application in June 2015 following a favourable recommendation by the Advisory Committee. The African Centre for Biodiversity NPC (ACB), an NGO focused on biosafety and agricultural biodiversity, appealed against the approval, raising concerns about inadequate risk assessment and potential health and environmental risks. The Appeal Board dismissed the appeal in September 2016 and the Minister confirmed that decision in December 2016. ACB then sought judicial review in the Gauteng Division of the High Court, which dismissed the application. ACB appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside. The decisions of the Executive Council approving the general release of MON87460, the Appeal Board dismissing ACB’s appeal, and the Minister confirming that dismissal were reviewed and set aside. Monsanto’s application for approval of the general release of MON87460 was referred back to the Executive Council for reconsideration.

The case affirms the strict, peremptory nature of statutory duties under the Genetically Modified Organisms Act, particularly the obligation to consider whether an environmental impact assessment under NEMA is required. It reinforces the central role of the precautionary principle and risk-averse decision-making in South African environmental governance and clarifies that failure to comply with mandatory procedural requirements renders administrative decisions unlawful.