South Africa’s bioprospecting law: A call for indigenous inclusion and reform

Traditional healers “phahling,” calling on ancestors to bring success to a
recent event.

Traditional healers “phahling,” calling on ancestors to bring success to a recent event.

Published Dec 11, 2024

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South Africa’s biodiversity, one of the richest in the world, is both a blessing and a challenge.

Traditional healers like Nomsa Sibeko, a Pretoria-based custodian of indigenous knowledge, are calling for reform to the country’s bioprospecting legislation to address exploitation and promote sustainable use of natural resources.

During a webinar hosted by the South African Youth Biodiversity Network, Sibeko, founder of Nature Speaks and Responds NPC, a national conservation organisation, highlighted key issues in the current framework.

"There are over a million traditional health practitioners in South Africa, yet most remain excluded from the formal economy," said Sibeko.

"Our indigenous plants are being harvested and exported by outsiders while we struggle to benefit from this wealth sustainably."

South Africa’s bioprospecting laws, informed by the Nagoya Protocol, aim to regulate the use of indigenous biological resources and ensure equitable benefit-sharing. The regulations require permits for harvesting and exporting such resources, with stakeholders including indigenous communities whose traditional knowledge contributes to their use.

While these measures have worked to protect specific groups, such as the KhoiKhoi and Sanpeople in the rooibos industry, Sibeko argues they fall short for healers whose practices span the country.

Customary sustainable practices form a cornerstone of South Africa’s National Action Plans, but gaps in implementation and education persist.

"Healers are often unaware of the permitting system and the Bioprospecting Trust Fund," Sibeko explained.

"Workshops to co-develop mechanisms that cater to healers’ needs are essential for bridging this divide."

The lack of organisational cohesion within the traditional healing community further complicates efforts to integrate these practitioners into the formal economy. Sibeko called for a unified Traditional Medicinal Association to help standardise practices, educate healers on international trade, and combat exploitation.

Despite challenges, Sibeko emphasised opportunities for change. "We need to unlearn, relearn,and co-learn how to grow our economy using natural resources while lifting indigenous people from poverty," she said.

Co-creating inclusive legislation could transform bioprospecting into a tool for both conservationand economic empowerment.

For Sibeko and organisations like Nature Speaks and Responds, the goal is clear: to ensure South Africa’s wealth of natural resources benefits all stakeholders while preserving biodiversity for future generations.

IOL