Charl Botha of H3 Legal Solutions has written to senior Government Ministers on the inclusion of SAPS in the amended Plant Improvement Act . This is an excerpt from his letter, dated 27 November 2025: The Unlawful Inclusion of SAPS in the 2025 Hemp Regulatory Framework
South Africa has entered a new regulatory era with the activation of the Plant Improvement Act 11 of 2018 and its accompanying 2025 Regulations. These frameworks are intended to modernise seed systems, elevate plant genetics, and strengthen agricultural development.
This reform is welcome and necessary.
But one element stands out as constitutionally unsound, scientifically indefensible, and administratively incoherent:
• The requirement that hemp farmers notify SAPS of planting, cropping, and compliance
activities.
This clause does not belong in a democratic regulatory system. It does not belong in agricultural law. And it does not belong in a country trying to move beyond the criminalisation of cannabis.
The inclusion of SAPS into the hemp oversight framework stands in direct conflict with the Constitution, the SAPS Act 68 of 1995, the Plant Improvement Act 11 of 2018, established agricultural science, and foundational administrative-law principles.
Section 205 of the Constitution defines SAPS as a crime-prevention and law-enforcement body, not an agricultural regulator.
The SAPS Act reinforces this mandate, empowering police only to investigate offences, enforce criminal statutes, and protect the public.
Neither the Constitution nor the enabling legislation authorises SAPS to supervise seed systems, receive planting notices, monitor hemp cultivation, or perform administrative compliance duties for legal crops.
By contrast, the Plant Improvement Act places full regulatory authority over hemp with the Registrar, inspectors, and agricultural structures specifically designed for this function.
The SAPS notification clause, therefore, has no constitutional, statutory, scientific, or rational basis. It is an administrative overreach that undermines lawful governance.
We argue that this provision is constitutionally unsound, lacks statutory foundation, and contravenes principles of administrative justice, economic freedom, and the separation of powers as enshrined in the South African Constitution.
It imposes undue burdens on lawful agricultural activities, particularly affecting small-scale, rural, and legacy growers, and undermines the intent of cannabis reform to move beyond criminalization.
Our letter requests immediate reforms, including:
- Removal of all references to SAPS notification in hemp permitting guidelines.
- A comprehensive review and amendment of HP-GD-001 to align with constitutional and statutory frameworks.
- Meaningful public engagement with affected communities, as required by Sections 59, 72, and 118 of the Constitution.
- Confirmation of institutional separation between agricultural regulation and policing.
We urge your offices to review and address these issues, ensuring that South Africa’s hemp and cannabis economy is built on evidence-based, inclusive, and lawful foundations. We are available for discussions or further clarification and look forward to your response.
H3 Legal Solutions (Pty) Ltd / H3 Care NPC / Healthpath24
Charl Botha (B.Proc.S.A)
Cannabis Regulatory Advocacy & Compliance Advisory Divisions
Email: charl@h3legal.co.za
https://www.h3legal.co.za/
