South Africa's Bioprospecting, Access and Benefit-Sharing ...

to the ratified international agreements relating to biodiversity which are binding on the Republic,
such as the Convention on Biological Diversity (CBD) and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES). Chapter six (6) of the Biodiversity Act regulates
bioprospecting involving indigenous biological resources, the export thereof for bioprospecting or any
other kind of research, and provides for fair and equitable sharing by stakeholders in benefits arising from
bioprospecting involving indigenous biological resources and their associated traditional knowledge.
This chapter further give effect to South Africa’s obligations as per the recently adopted Nagoya Protocol
on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arsing from their Utilization
(in short referred to as “the Nagoya Protocol on ABS”).
The Biodiversity Act is further complemented by the Threatened or Protected Species (TOPS)
Regulations, CITES Regulations, the National Biodiversity Framework, the Provincial Ordinances, the
Patents Amendment Act, 2005 and the Indigenous Knowledge System Policy, as well as various norms
and standards for biodiversity management.
The Department of Environmental Affairs has been actively involved in capacity building and raising
awareness of the regulatory requirements since the Biodiversity Act was promulgated. Through this
process, it was recognized that tools are required to support stakeholders in ensuring the fair and
equitable negotiation and conclusion of Benefit Sharing and Material Transfer Agreements. As such, this
set of guidelines was developed to further promote and facilitate practical implementation.
These guidelines are for providers, users and regulators of the use of biological and genetic resources
as well as the associated traditional knowledge, and they outline a practical approach for compliance
with the legislation. The guidelines endeavour to assist different stakeholders to understand the legal
requirements and their rights in terms of the law. It is therefore imperative that these guidelines are
consulted when planning to engage in commercial bioprospecting. Doing so will enhance the fair and
equitable sharing of benefits arising from bioprospecting projects which utilize indigenous biological
resources and their associated traditional knowledge. I would like us to borrow from the wise words of
E. O. Wilson, who said that “We should preserve every scrap of biodiversity as priceless while we learn to
use it and come to understand what it means to humanity.”
I sincerely hope that this set of guidelines will, along with other tools, contribute effectively to the
successful implementation of the regulatory framework for Bioprospecting, Access and Benefit
Sharing in South Africa, and to meeting our objective of the creation of a better South Africa, a better
Africa and a better world.
Bomo Edith Edna Molewa
Minister of Water and Environmental Affairs
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