Constitutional Court hearing

4 June 2009 - In August 2002, the Biowatch Trust, a non-governmental organisation, launched court proceedings in the High Court, demanding access to a very broad range of information held by the Registrar of Genetic Resources.  Biowatch’s request for information was framed extremely broadly and did not identify specific information sought by Biowatch.

Monsanto is fully committed to transparency and has always provided all information, in full, to the relevant authorities. The concerned information is public knowledge as all applicants for biotechnology registration have to submit two dossiers – one for general public knowledge and one with company confidential information and they have to publish notices in news papers of intended trials, general releases and commodity clearance applications according to the Biotechnology Act.

Prior to becoming involved in the litigation, Monsanto’s attorneys wrote to the attorneys representing Biowatch, inviting Biowatch to provide a more precise inventory of the information required by them so that the matter could be dealt with on a constructive basis.  Biowatch declined this invitation.

Monsanto accordingly had no other option but to intervene in the proceedings initiated by Biowatch.  Judgment in those proceedings was handed down on 23 February 2005, and in its order, the court struck a balance between granting Biowatch access to certain of the information which had been requested, whilst providing Monsanto, amongst others, with adequate protection for its trade secrets and confidential business information.

Biowatch was accordingly ordered to pay Monsanto’s legal costs. Biowatch appealed the decision with regard to the legal costs. Their request for relief has consistently been rejected by every court all the way to the South African Supreme Court until now when the Constitutional Court agreed with their appeal.

Any party initiating litigation should be aware of the real risk of a costs order against them should they not prevail in the litigation. Costs in these proceedings are a matter for the courts and Monsanto will naturally abide by court decision.

Monsanto is an agricultural company. We apply innovation and technology to help farmers around the world produce more while conserving more. We help farmers grow yield sustainably so they can be successful, produce healthier foods, better animal feeds and more fiber, while also reducing agriculture's impact on our environment.

Enquiries can be directed to:
Magda du Toit
Communication Manager, Monsanto SS Africa
Mobile: 27 82 388 0187
Tel: 27 11 790 8254
Office fax: 27 11 790 8362
Personal fax: 27 11 790 8431