Civil rights organisation Free SA has formally demanded answers from the Minister of Health, Dr. Aaron Motsoaledi, regarding the recently published Regulations Relating to the Prohibition of the Sale, Importation and Manufacture of Foodstuffs Containing Any Part of the Plant or Component Derived from the Genus Cannabis Sativa L, Hemp, Hemp Seed Oil or Hemp Seed Flour (Government Gazette No. 52227, Notice No. 5960, dated 7 March 2025), see letter here.
In a letter of demand sent to the Minister, Free SA has raised serious concerns about the apparent lack of public consultation before the regulations were enacted. Section 15(6) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 requires the Minister to publish proposed regulations in three months advance and invite public comment—a step Free SA has been unable to verify.
“If no opportunity for public comment was allowed this is a blatant disregard for public participation,” said Reuben Coetzer, spokesperson for Free SA. “The government cannot simply make sweeping decisions that impact businesses, consumers, and public health without consulting the very people these laws affect. Transparency and accountability are non-negotiable in a democracy.”
The organisation has requested that the Minister provide proof that the required public notice was issued, or alternatively, justify why the regulations were fast-tracked under section 15(7)(b) of the Act, which allows urgent regulations to be enacted without public consultation in cases of significant public interest.
“If the Minister believes this ban had to be rushed through without public input, we demand to know on what grounds,” added Reuben Coetzer. “Without a valid justification, this decision undermines democratic governance and sets a dangerous precedent for unilateral government action.”
Public participation is a cornerstone of South Africa’s democracy, enshrined in Section 195(1)(e) of the Constitution, which mandates that public administration be transparent, accountable, and inclusive. Free SA has given the Department of Health 14 days to respond, failing which it will consider legal and public action to ensure compliance with democratic and legal standards.
“This is not just about hemp or CBD,” concluded Reuben Coetzer. “This is about whether government respects its own laws and the rights of citizens to be heard. We will not allow decisions that affect people’s livelihoods and choices to be made in secret.”
