ABSTRACT
South Africa is one of few African countries to have a comprehensive legal and policy framework in place for access and benefit-sharing (ABS). Indeed, discussions about ABS were initiated more than twenty years ago, in line with the country’s transition to a democracy, and together with the revision of its biodiversity policy to incorporate provisions relating to social justice. This, together with the strategic regional role that South Africa plays in natural product development, positions the country as an important platform from which to learn lessons about ABS policy development and implementation.
This chapter reviews the evolution and implementation of ABS laws in South Africa over the past decade, exploring lessons, challenges and emerging solutions. The chapter illustrates how the legal entanglement of bioprospecting and biotrade can have serious social and economic impacts; reveals the difficulties of accommodating rapidly evolving legal and scientific concepts in state bureaucracies; and discusses the complexities of assigning priority in a context where a wide range of communities across political, geographical and cultural boundaries act as resource custodians and traditional knowledge holders. Proposals are made for an improved ABS system that better accommodates social justice, economic development and biodiversity conservation.
