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CHAPTER 7
to be available in South Africa as well in order to maintain the competitiveness
of local producers.
The Plant Breeders’ Rights Act (Act 15 of 1976) protects the rights of the holders of
plant breeders’ rights by, among other things, stipulating that nobody may with-
hold stock of harvested material with the intention of using it for seed.
However, in the case of wheat and soybeans it is permissible for producers to
withhold wheat seed from harvested material to use as seed. The problem is that
seed companies are reluctant to invest in seed development and new technology
because certain producers buy seed from them only in the first year and then can
possibly withhold their own seed after that. For example, in the case of soybeans,
Monsanto developed a new soybean cultivar in Australia, which they were not pre-
pared to bring to South Africa because of the above-mentioned reasons.
In order to solve this problem, Grain SA recommended that producers who want
to withhold seed should pay royalties to the holder of the plant breeder’s right for
seed withheld in this manner. Grain SA has already tested this with the Agricultural
Marketing Council, which supports this recommendation, because it can also pro-
vide a solution for other crops besides wheat and soybeans.
In the soybean industry oil processors made substantial investments in their
pressing capacity, which created an opportunity for enlarging their soybean pro-
duction. There is a great need for protein for animal feed in South Africa and an in-
creased local soy production can replace expensive imports. On the research side
Grain SA, together with the OPDT, is involved with tests with soybean cultivars
that will be suitable for growing in the western parts of the grain-producing area
of South Africa so that soybean production can be expanded to those areas too.
One of the greatest areas of concern with regard to the provision of seed in South
Africa is that it is practically solely in the hands of private enterprises. Those
enterprises own the plant breeders’ rights, technology and facilities needed for
seed production. Grain SA discussed this reality with the Department of Agricul-
ture in view of the risks that this holds for food security in the country. As a result
the Department of Agriculture, in collaboration with Grain SA, drafted a policy
document, known as the Agricultural Policy Action Plan, which included recom-
mendations from Grain SA.
During 2011 Grain SA played host to two Chinese government representatives who visited South Africa with a view to possibly approv-
ing the import of South African maize by the Chinese government. The visit was an indirect result of the official visit that the Minister of
Agriculture, Ms Tina Joemat-Pettersson, and Mr Neels Ferreira, Chairperson of Grain SA, had made to China to promote, among other
things, South African maize.
Sound bite: Dr Marinda Visser talks about a
recent trade mission from China.
