Food Law in South Africa: Towards a South African Food Security Framework Act

Abstract

The right to have access to sufficient food is enshrined in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996. Section 27(2) mandates the South African state to take reasonable legislative and other measures, within available resources, to progressively realize this right. This chapter accordingly sets out the current (this chapter reflects the South African legal framework until September 2014) food security legal framework by outlining both legislative and other measures (referring to relevant policies, strategies and programs) as required by section 27(2). The United Nations Food and Agricultural Organization indicated in 2009 that legislative measures can take the form of: (a) constitutional inclusion; (b) a food security framework act; and (c) inclusion in sectoral legislation. The mentioned three legislative levels are outlined within the South African food security context. Specific attention is given to the enactment of a South African food security framework act in order to address various challenges faced within the regulatory framework, specifically the current fragmented approach. In addition to food security specific policies, strategies and programs, food security as a development priority is also outlined within government strategic plans and programs. Due to the fact that food insecurity is especially high in rural South Africa, special attention is given to relevant rural development and agrarian reform measures. Attention is also given to farmers’ rights with reference to biopiracy and plant breeders’ rights.