Black Farmers Association Of South Africa (Bfsa) Declares Authorities Usage Of Apartheid Period Legislation Rejects Cannabis Licenses To Black Growers & Producers

Dr Lennox Mtshagi the President of Bfasa (Black Farmers Association of South Africa) has actually declared that South African authorities, particularly, SAPHRA, The South African Health Products Regulatory Authority is skewing the approving of grow and production licenses for medical cannabis in favour of white candidates over black candidates.

Dr Mtshagi likewise declares that apartheid period legislation still on the books help the federal government in doing so.


The 1965 act is an apartheid act, keep in mind in South Africa &#x 1f1ff; &#x 1f1e6; 1965 No Blacks were permitted to take part in any organization.
Dr Lennox Mtshagi

In early November 2020 the Bfasa arranged a march and presentation in Capetown to provide a petition to highlight their belief that SAPHRA is utilizing a ” 1965 act that exludes black individuals from going into a pharmaceutical field”

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At the march in Capetown petitions were provided to agents of the Workplace of the President, the Prime Minister and the Presiding Judge of the High Court.

BFASA Chairman Dr Lennox Xolile Mtshagi stated among the needs made to the Chairman was to withdraw all cannabis licenses provided to white-owned pharmaceutical business by the South African Health Care Products Regulatory Authority (Sahpra).

” The cannabis plant is a native plant that comes from the native individuals of this nation. It is unjust that Sahpra grants these licenses to white business. We likewise require that all business that offer cannabis oil items, like Clicks, Dis-Chem and Canna Africa, eliminate all their items from the racks, as they are running unlawfully under the 1965 law “.

The group has actually required firm action versus Sahpra and the withdrawal of its present president, Helen Rees, and to examine

” the outright bigotry in the approving of authorizations and licenses versus the concepts of the Constitution”.
The Saphra Board (2020) Source:

Prof Helen Rees


Profile WITS RHI

The Act


The Medicines and Related Substances Act, 1965 (Act No. 101 of 1965), which was changed by Modification Act, 2008 (Act No. 72 of 2008) and Modification Act, 2015 (Act No. 14 of 2015) and enacted in Might 2017, made it possible for, among others, the facility of SAHPRA, the licensing of makers and importers of active pharmaceutical active ingredients, and the guideline of medical gadgets.
In regards to the Medicines Act, the goals of the Authority are to attend to the tracking, assessment, guideline, examination, assessment, registration and control of medications, arranged compounds, medical gadgets, radiation control, scientific trials and associated matters in the general public interest. It likewise offers registration and control of veterinary medications in such a method regarding make sure that they are produced, dispersed and utilized without jeopardizing human and animal health. Antimicrobials meant for usage in animals and signed up under the Medicines Act might just be administered or recommended by a vet.
Based on area 2B (1) of the Medicines Act, the Authority must, in order to attain its things:
  • Make sure the effective, efficient and ethical assessment or evaluation and guideline of medications, medical gadgets, radiation giving off gadgets and radioactive nuclides that satisfy the specified requirements of quality, security, effectiveness and efficiency, where relevant;
  • Make sure that the procedure of examining or evaluating and signing up of medications, medical gadgets, radiation giving off gadgets and radioactive nuclides is transparent, reasonable, unbiased and concluded timeously;
  • Make sure the routine re-evaluation or re-assessment and continuous tracking of medications, medical gadgets, radiation giving off gadgets and radioactive nuclides;

Act Complete Text

Capetown Marchers 2020

Likewise present at the 2020 presentation was The African Cannabis Market Association (ACIA) representative, Raadia Khan who stated …

” Our focus here is to assist in BFASA’s settlements with SAHPRA concentrating on creating a friendly engagement. We are here to produce legal modification in favour of development”
Mtshagi includes an e-mail to Cannabis Law Report February 2020
Simply put the act does not use to the constitution of South Africa, in our nation black financial empowerment is obligatory, and the custodians are left out. The white business that got the licenses are the extremely exact same that protestedcannabis Bfasa and it’s affiliates are going to start another presentation on March 24th and shutdown SAHPRA and require all the licenses be withdrawed and the earnings be directed to the bad rural neighborhoods in South Africa

Cannabis Law Report has actually called SAHPRA’s media department for a main action however yet has actually gotten no reply.

Dr Mtshagi provided CLR with SAHPRA’s main action to Bfasa’a preliminary claims and petition of October 2020.



SAHPRA refutes claims made by the Black Farmers Association of South Africa (BFASA) that SAHPRA is a corrupt entity with a disposition towards White predisposition, in the providing of licenses, usually and especially with regard to cannabis items. SAHPRA undergoes inter alia the general public Financing Management Act (” PFMA”), and for that reason performs itself with the utmost stability and prides itself in the principles of openness.
SAHPRA is charged with managing (tracking, examining, examining, examining and signing up) all health items. This consists of scientific trials, complementary medications, medical gadgets and in-vitro diagnostics (IVDs). In addition, SAHPRA has actually the included obligation of supervising radiation control in South Africa. SAHPRA’s required is laid out in the Medicines and Related Substances Act (Act No 101 of 1965 as changed) along with the Hazardous Substances Act (Act No 15 of 1973).
It is particularly SAHPRA’s required to make sure that health care items as explained above are safe and efficient to make sure the health and wellness of prospective customers. For that reason, when thinking about certifying applications, the focus for that reason is mainly on the security and effectiveness of the item, and less on the producer or supplier.
With regard to the growing of medical cannabis and the manufacture of associated items, all candidates need to follow stringent procedures.
( compliance/). This is due to the fact that SAHPRA has the interests of the security of the general public as a main function in all its negotiations. Anybody who can show that it fulfills the requirements relevant for the licence looked for will be approved a licence. Nevertheless, it needs to be worried that due to the fact that these items are made use of for treatment of health problems, SAHPRA needs to make sure that the items are safe for human usage.
SAHPRA is legislatively required to make sure that the prospective customers stay safeguarded. This has actually led to frauds and defamatory declarations being made by members of these organisations, inter alia, versus the SAHPRA Board Chairperson, Prof Helen Rees, who is implicated of providing and offering licences to upscale White individuals. The SAHPRA Board is not functional in the procedure of providing licences and appropriately does not get associated with any functional functions of the Authority. There is a rigorous procedure and stringent procedures associated with the providing of licences and the pertinent workers and committees are charged with this treatment. The claims made versus Prof Rees are turned down with contempt.
SAHPRA Executive Management has actually had various engagements with BFASA to resolve their issues and to clarity the extremely narrow function of SAHPRA in the cannabis worth chain. In addition, as SAHPRA takes the nationwide policy problems raised by BFASA seriously, the SAHPRA Board and the Presidency have actually been pulled into these conversations. SAHPRA has actually taken a developmental technique and is presently evaluating a system that will allow little farmers to enter this sector. As soon as settled, this technique will be interacted to the pertinent stakeholders.
Under the present legislation, SAHPRA does not provide licences for the growing of cannabis for non-medicinal business functions. SAHPRA’s function is restricted just to medicalcannabis The procedure to get a licence from SAHPRA to cultivate cannabis for medical functions is a strenuous one, which should adhere to the legal structure. There requires to be standardisation of the medical cannabis cultivars and guarantee that crops can be grown under conditions of stringent security and excellent quality. The growing of cannabis for medical functions needs stringent control as South Africa is a signatory to global treaties that forbid the production and supply of narcotic and psychotropic drugs, consisting of the Single Convention on Narcotic Drugs of 1961.
” SAHPRA identifies that there is a continuous international discussion around making use of cannabis for both medical and non-medicinal functions. In South Africa, there is a nationwide policy discussion where SAHPRA and other organizations are included. The oversight of present and possible future usages of cannabis includes numerous stakeholders, consisting of SAHPRA, the Department of Health, Department of Farming Land Reform and Rural Advancement, Trade and Market and Competitors, the South African Cops Service, and Parliament. SAHPRA is by no indicates the only entity that is included with the guideline of cannabis,” suggests Dr Boitumelo Semete- Makokotlela, CEO of SAHPRA.
SAHPRA is worried about the mistakes of such stories by the BFASA due to the fact that they puzzle the general public in what is an intricate legal and nationwide policy matter. Precise reporting is necessary to enable the general public to take part constructively and meaningfully in this dispute, and we appropriately advise the general public to confirm the truths on their own in order to make sure that they make notified choices.
SAHPRA is required to stay concentrated on its required, which is to make sure that prospective health care items are safe and efficient for human usage prior to them being used to prospective customers.

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