South Africa’s Supreme Court delivered a ground-breaking ruling that reversed the approval of [genetically] modified organisms (GMOs), specifically, a drought-resistant M8746 maize developed by Monsanto.  This landmark decision, which could have far-reaching implications for the agriculture sector, also raised significant concerns regarding food safety, environmental health, and the regulatory framework surrounding GMOs in the country.

Central to the court’s ruling was the application of the “precautionary principle,” a fundamental tenet in environmental law that advocates minimising risk in the face of uncertainty. The Supreme Court determined that the regulators had not appropriately applied this principle, which calls for protective measures when there is potential for serious or irreversible harm.

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