18 February 2026

On 1 December 2025, the South African Plant Improvement Act No. 11 of 2018 (“the Act”) came into operation, repealing the previous Plant Improvement Act No. 53 of 1976 (the “old Act”). This follows shortly after proclamation of the new Plant Breeders’ Rights Act 12 of 2018 in June 2025.

The Act provides guidance for the exploitation of certain plants and their propagating material in South Africa. In South Africa, businesses and business premises must be registered under the Act if they wish to conduct business relating to prescribed kinds of plants, or the propagating material of such plants, for cultivation or sale.

Among other things, the Act regulates quality standards and conditions of sale for plants and propagating material, introduces a system for the National Listing of plant varieties, provides for the evaluation of plant varieties where there is doubt as to their value for cultivation and use, regulates import and export control, and establishes different certification schemes for plants and propagating material of prescribed kinds.

A variety of a prescribed kind of plant may not be sold or imported into South Africa for cultivation unless a national varietal listing is obtained in respect of said variety in terms of the Act. To qualify for national listing, a variety must have an acceptable denomination, be clearly distinguishable from any other variety on the national varietal list, must display sufficient uniformity in its characteristics, and remain stable in those characteristics after repeated propagation. The process to obtain a varietal listing in respect of a variety may take several years. Applications for national varietal listing are often filed alongside plant breeders’ rights applications, where possible, given the overlap between the requirements for registrability for these two processes.

The Act now makes provision for the following:

• the cultivation of Cannabis sativa L. (hemp) varieties in South Africa in accordance with the revised definition, which now permits “low tetrahydrocannabinol (THC) plants or parts of plants of Cannabis sativa L. cultivated for agricultural or industrial purposes, of which the leaves and flowering heads do not contain more than 2% THC”, and no longer 0,2% THC as per the definition under the old Act;
• the publication of a National Varietal List Journal; and
• the hearing of objections lodged with the Registrar in relation to applications for the national listing of plant varieties.

Further, the Act now provides for the establishment of an advisory committee that may provide advice to the Registrar on any technical matters arising from the provisions of the Act and any other matter relating to the administration of the Act.

Overall, the Plant Improvement Act establishes a legal framework for the production and sale of good-quality, true-to-type seed and vegetative propagating material, thereby supporting productivity and sustainability in food production in South Africa.

Von Seidels has a strong track record in this field. With offices in South Africa, Nigeria, Namibia (serving the ARIPO region), Cameroon (serving the OAPI region), and most recently Kenya, Von Seidels is well placed to assist with all matters relating to plant breeders’ rights. Across the rest of Africa, we work closely with a network of trusted and carefully selected local agents.