Immediate Release
26 March 2025
Civil society has claimed a significant victory for public participation and democratic accountability after the Minister of Health, Dr. Aaron Motsoaledi, announced the withdrawal of contentious regulations banning the sale, importation, and manufacture of food products containing hemp and cannabis.
The reversal comes in the wake of mounting pressure from Free SA and other stakeholders, including a formal legal letter of demand sent by Free SA to the Minister last week. In that letter, Free SA challenged the legality of the regulations and warned that failure to comply with the legal obligation to consult the public would result in court action.
“This is a huge win for civil society and the principle of participatory democracy,” said Reuben Coetzer, spokesperson for Free SA. “We made it clear that the government cannot pass sweeping, punitive regulations without consulting the public. On the eve of being taken to court, the Minister has rightly withdrawn the unlawful regulations.”
The now-withdrawn regulations—published in Government Gazette No. 52227 on 7 March 2025—were made without prior public notice or opportunity for comment, in violation of section 15(6) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972. That section requires the Minister to publish proposed regulations and invite public input at least three months before enactment, unless urgent public interest dictates otherwise.
“Accountability doesn’t only happen every five years at the ballot box,” said Reuben Coetzer. “It happens in between elections too—when laws are made, when policies are developed, and when decisions that affect all of us are taken. Public participation is not a favour but it’s a constitutional obligation. That’s what Free SA stands for.”
President Cyril Ramaphosa reportedly met with Minister Motsoaledi following backlash and affirmed the importance of stakeholder engagement. The Presidency confirmed that the Minister will withdraw the regulations and consult more broadly before reintroducing any measures.
“We welcome the President’s intervention and call on the Department of Health to ensure any future regulations follow due process and are grounded in transparency and evidence,” added Reuben Coetzer. “Free SA will remain vigilant and ready to act whenever the public’s right to be heard is ignored.”
Free SA will continue to closely monitor the situation to ensure that the Minister’s commitment is honoured and that the withdrawal of the unlawful regulations is formally gazetted without delay.
Free SA will continue to advocate for democratic governance and ensure that all South Africans—not just politicians or big business—have a say in shaping the laws and policies that affect their lives.
ENDS
Media enquiries:
Anneke Burns
Free SA Publicist
071 423 0079
media@freesa.org.za
About FREE SA:
The Foundation for Rights of Expression and Equality (Free SA) champions a democratic South Africa where every voice matters. From fighting exclusionary policy to promoting transparency and constitutional values, Free SA is committed to holding power to account and building a nation of equals.
Learn more at: https://www.freesa.org.za