This document discusses a legal case brought by Biowatch South Africa regarding access to information on genetically modified crops. Biowatch appealed a costs order against it for bringing the case. The document provides background on the players involved, including Biowatch, Monsanto, and government departments. It outlines the timeline of the case moving through various South African courts. The key issue was that organizations acting in the public interest should be able to litigate without fear of large costs orders being made against them if they do not succeed in their claims.

1. It’s none of my business!
Rose Williams
Biowatch Director

2. Legal case
1.Access to Information on Genetically Modified crops)
2.Appeal against a costs order
> Dept of Agriculture > > > High Court > > > Supreme Court
> > > Constitutional Court

3. The “players”
1.Biowatch
2.Department of Agriculture
3.Monsanto
4.Stoneville Pedigreed Seed Company
5.Delta & Pineland South Africa
6.Support – Legal Resources Centre, ODAC, Centre for Child
Law, Lawyers for Human Rights, Centre for Applied Legal
Studies
7.Civil society

4. The first issue - GM crops

6. The speed
1992 First field trials of maize
1997 First commercial plantings of maize in 1997
2000 GM crops cover 100,000 ha of South African
land, 175 field trials are underway, and 5
commercial releases have been approved

7. Example of a GM maize crop:
Bt maize
•Scientists take genes that produce a toxin from a bacterium
(Bacillus thuringiensis) and force these into the DNA of plant
cells.
•Each cell of the plant then produces
the toxin – the mielie, the leaves,
the stem, flowers, pollen and roots.
•Goal: to kill certain target pests, but …

8. Approved in a context:
● Public awareness? X
● Independent research? X
● Environmental Impact Assessment? X
● Approval by neighbours? X

9. Time line
● 1997 GM maize and GM cotton approved in SA
● 2002 Court papers served
● 2003 Monsanto joins state
● 2004 Pretoria High Court
● 2005 Ruling – access to info, acting in the public
interest, but costs order
● 2006 Biowatch can appeal

11. Time line
● 2007 Appeal heard
● 2008 Appeal dismissed
● 2008 Appeal to Supreme Court
● 2008 Appeal to SC dismissed with costs
● 2009 Appeal to Constitutional Court
● 2009 Costs order over-turned
●T

12. Organisations acting in the public interest
can litigate
without expecting the chilling effect
of costs orders being made against them

15. Who is Biowatch South Africa?
Founded in 1997 as an environmental and social justice NGO,
we work with small-holder farmers, other civil society
organisations and government
to ensure that people have control over their food,
agricultural practices and land within a bio-diverse,
agro-ecological and sustainable system.
Key focus areas:
Biodiversity | Food Sovereignty | Biosafety | Social Justice
Two-fold approach:
•Advocacy, research and networking
•Work on the ground with small-holder farmers

16. • Advocacy,
research and
networking