Africa's Regulatory Approach to Biotechnology in Agriculture: An Opportunity to Seize Socio-Economic Concerns

GM Crops and Smallholders

“…One main incompatibility is the issue of saving and sharing seeds, which is an important way for smallholders to ensure seed supply and keep costs down. In South Africa, many modern varieties of maize, hybrids, GM, and also some OPV seed are protected by plant breeders rights, which prevent farmers from sharing seed with others (although they do allow farmers to reuse seed on their own farm (Collier, 2012; Collier & Moitui, 2009). This goes against smallholder practices and is frequently breached (often unknowingly) by smallholders.…”

“…This goes against smallholder practices and is frequently breached (often unknowingly) by smallholders. Unlike hybrids and OPV seed, GM seed is also protected by patents that ban seed saving on farm (Collier & Moitui, 2009), meaning that farmers could be prosecuted for patent infringement if they save seed. Although Monsanto has not enforced its right to sue smallholders for saving GM seeds in South Africa, it has done so in other countries (Collier & Moitui, 2009).…”

“…Unlike hybrids and OPV seed, GM seed is also protected by patents that ban seed saving on farm (Collier & Moitui, 2009), meaning that farmers could be prosecuted for patent infringement if they save seed. Although Monsanto has not enforced its right to sue smallholders for saving GM seeds in South Africa, it has done so in other countries (Collier & Moitui, 2009). Apart from plant variety protection and patent restrictions, which are not discussed further in this article, restrictions on sharing and saving seeds are also central in complying with biosafety regulations.…”

Technology and Law

“…16 The Quarterly Labour Force Survey by Statistics South Africa indicates the official unemployment figure at 25.7 per cent for the second quarter of 2011. 17 See, for example, Collier and Moitui (2009) and the sources cited therein. 18 For example, a seven-year study by the Centre for Chinese Agricultural Policy, the Chinese Academy of Sciences and Cornell University in the United States has found that farmers in China who planted Bt cotton initially cut their pesticide use by more than 70 per cent, and earned around 36 per cent more than farmers planting conventional cotton, but that pesticide use on the GM crops had to be increased over time and this led to GM cotton farmers ultimately earning 8 per cent less than conventional cotton farmers.…”

“…See generally also Kinderlerer (2000), pp 556-65 and Boyd, Kerr and Perdikis (2003), pp 213-15 and the sources cited therein as well as the publications in the Journal of Agrobiotechnology Management and Economics published online at www.agbioforum.org. 13 See Collier and Moitui (2009) and the sources cited therein. 14 Boyd, Kerr and Perdikis (2003), p 214. within the plant structure may have three potential benefits: (1) increased yields; (2) reduced reliance on chemicals and fertilisers; and (3) reduced labour intensiveness (although this is arguably not a benefit on a continent reliant on agriculture 15 and in a country with systemic poverty and high levels of unemployment).…”