Act No. 35 of 2024: Plant Health (Phytosanitary) Act, 2024.

This Act, comprising 38 Sections across six Chapters, aims to safeguard plant health in South Africa by preventing the introduction and spread of regulated pests. It operates within the broader framework of agricultural and environmental protection, prioritizing the maintenance of pest-free areas and regulating the movement of plants and plant products. The Act seeks to (i) control regulated pests through various measures and regulations; (ii) regulate the movement of plants, plant products, and other regulated articles into, within, and out of South Africa to ensure they are pest-free; (iii) establish the National Plant Protection Organization to oversee and implement phytosanitary measures; (iv) declare quarantine and pest-free areas to effectively manage pest outbreaks; and (v) provide for inspections, certifications, and compliance with international phytosanitary standards.
Key legal principles include the Minister's authority to establish regulations on import permits, inspection protocols, and the declaration of pest-free areas, all vital for protecting agricultural interests and public health. The Minister must appoint the director of the department responsible for phytosanitary measures as the executive officer, who holds several key powers (i) the authority to amend or withdraw any decision; (ii) the ability to order detention, destruction, or treatment of unlawfully imported, exported, or moved regulated articles, or those found to be infested; (iii) the power to search individuals, luggage, or conveyances, and enforce destruction in cases of non-compliance; (iv) the ability to conduct inquiries, inspect or test regulated articles, and issue or withdraw permits.
The key measures to prevent the introduction, establishment, and spread of pests, ensuring the health and safety of plants and plant products, include (i) pest-risk analyses to define specific phytosanitary measures for plant and plant product imports; (ii) control measures for regulated pests, covering the cultivation, planting, and maintenance of plants; (iii) declaration of quarantine areas where pests are detected, with actions to control and eradicate them; (iv) establishment and maintenance of pest-free areas, production sites, and locations through ongoing surveillance and phytosanitary measures; (v) inspections and issuance of phytosanitary certificates for plant and plant product imports, exports, and re-exports; (vi) emergency and provisional measures to address new or unforeseen phytosanitary situations.
Article 9 establishes the National Plant Protection Organization of South Africa in line with Article IV of the Convention. The Organization has the following key functions: (i) serving as the national contact point for plant protection under the Convention; (ii) issuing phytosanitary certificates; (iii) conducting pest risk analyses; (iv) developing, proposing, reviewing, and enforcing phytosanitary measures; (v) inspecting consignments of plants, plant products, and other regulated articles; (vi) notifying trading partners of non-compliance with phytosanitary import requirements, and informing other countries about South Africa’s phytosanitary measures, regulations, and legislation; (vii) conducting surveillance for regulated pests within the country; (viii) performing phytosanitary audits to ensure compliance with official standards; (ix) providing plant health services, including diagnostic and quarantine services; (x) distributing plant health information on regulated pests and other phytosanitary issues of public interest; (xi) providing staff training and development; (xii) representing South Africa in bilateral, regional, and international phytosanitary forums; (xiii) negotiating and maintaining export work programs and bilateral protocols for the import and export of plants and plant products.