Legislative watch: the new Plant Health Act 35 of 2024 – Key legislative developments to monitor for export control

On 13 February 2025, the President signed and assented to the new Plant Health Act 35 of 2025(Plant Health Act). The new Plant Health Act repeals and replaces the current phytosanitary regulatory system administered under the current Agricultural Pests Act 36 of 1983(Agricultural Pests Act). In essence, the Agricultural Pests Act prescribed measures for the quarantine of pests of plants, plant products and other regulated articles entering South Africa and the combatting of stipulates plant pests.

A critical gap in the Agricultural Pests Act is that it only focused on the import of controlled goods to prevent the introduction of plant pests and diseases within the country but failed to provide such measures for export control. The Act is also not aligned with international legal conventions of which South Africa is a party to, such as the International Plant Protection Convention.

The Plant Health Act in accordance with the requirements of the International Plant Protection Convention, now sees the establishment of the National Plant Protection Organisation of South Africa (NPPOZA), mandated to manage all phytosanitary functions in terms of the Act. This body is mandated to issue all phytosanitary certificates, to develop and publish phytosanitary measures and to inspect plants, plant products and other regulated articles. The new Plant Health Act, also specifically addresses the export of regulated articles as well as the re-export of such articles, aligning measures for further exporting to other markets from South Africa.

The development of the NPPOZA and the consolidation of all phytosanitary activities under this body is welcoming but the effectiveness of this system will hinge on the detail which will only be provided in the regulations still to be published by the Minister of Agriculture – a key aspect to be monitored by stakeholders. The new Plant Health Act can only come into operation once these regulations stipulating detail (such as the manner in terms of which an import permit and a phytosanitary certificate are to be applied for) have been finalised. For exporters and importers, it is important to note that such regulations are published by the Minister of Agriculture in the Government Gazette and any public consultation on such draft regulations shall also be published in the Government Gazette.

For any further information on the above, please contact christine@tgbattorneys.co.za

 

*Information as stipulated above, reflects the situation as of 06 June 2024 and may be amended in the future to reflect current developments.