In South Africa, it is difficult to know exactly how many HHPs are registered for use because there is no publicly available database of registered chemicals. Not even government departments have access to the proprietary database, which is administered by the industry umbrella body, CropLife. However, it is estimated that there are 176 HHPs in legal use in the country. The Registrar promised in April 2022 to phase out 116 HHPs by June 2024. Ultimately only 28 were identified for phasing out, not including Terbufos. Terbufos is classified by the WHO as an extremely hazardous class 1a organophosphate pesticide and cholinesterase inhibitor. Terbufos has neurotoxic effects and is particularly dangerous to children and adolescents. It has been banned for use in the EU since 2009, although some countries in the EU apply double standards and continue to allow the production and export of Terbufos, especially to developing countries. Terbufos has been banned in the Southern African Development Community (SADC) by Angola, Comoros, the Democratic Republic of the Congo, Madagascar, Malawi, Mauritius, Mozambique, Namibia, the Seychelles, Tanzania, and Zambia. Botswana’s ban came into effect on 1st December. Zimbabwe has not imported any Terbufos since 2002. South Africa’s townships have long experienced problems with massive pest infestations and the selling of pesticides on streets and in informal markets. Street pesticides are poisonous substances that are legally registered for agricultural uses but are decanted illegally into unlabelled beverage bottles or packets for home use. Or, they might be illegally packaged pesticides imported into SA and not registered for use. Typically, they are acquired from agricultural cooperatives, garden shops, and hardware stores. This restricted substance – Terbufos – is registered exclusively for use in the agricultural sector, including for use on maize, potatoes, dry beans, and sorghum. However, it is widely available and can be bought in spaza shops and through street traders – as a so-called ‘street pesticide’ for domestic use in townships and informal settlements to control rats, as a result of the collapse of essential service delivery to the urban poor. End double standards and environmental racism
In 2023, the United Nations Special Rapporteur on Human Rights and Toxins, Dr Marcos Orellana, made an exploratory visit to South Africa. In his formal report, published in July 2024, Dr Orellana observed that regulatory failure and corporate capture are resulting in human rights and environmental rights violations. He reported that historically disadvantaged communities are disproportionately impacted by toxins and pollution. He also questioned the South African government’s lax attitude towards HHPs, saying, Despite the scientific evidence of their harms and the fact that they cannot be safely used, many HHPs are still legal and in use in SA. In 2022, there were 34 reported cases of poisoning and five deaths in Gauteng caused by an organophosphate, likely Terbufos. Paraquat is another example of a pesticide that is widely available and responsible for serious health impacts and deaths. These two pesticides, amongst many others, are banned in the EU, yet they are still produced in European countries for export, particularly to developing countries. This practice reproduces long-standing racist and colonial patterns of exploitation. Equally, the South African Government must protect its people and not contribute to reinforcing these double standards.Constitutional obligation to ban Terbufos and HHPs
The coalition of organisations petitioning Minister Steenhuisen submitted that, in the current circumstances, Minister Steenhuisen has a Constitutional obligation to issue a ban on Terbufos immediately, and other HHPs within a fixed six months, for implementation in the public interest, and to protect the right to life and right to an environment of unknown numbers of persons who may be exposed to and possibly killed by this chemical if such bans are not implemented.Further, we said, to protect the public, the Minister of Agriculture must take steps to prevent Terbufos and HHPs from being substituted by an equally toxic agricultural remedy once they are banned. The coalition called on the Minister to, “indicate his willingness to undertake the steps set out in this letter within 21 days of the date of this letter, failing which we reserve our rights to bring legal action to compel the Minister to take these steps. We trust this will not be necessary.” Please click here to read the letter of demand. |
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