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in Farmer's Inside Track

Bud rot outbreak: Mind the legal implications

The agriculture department recently confirmed cases of bud rot of palms in commercial papaya orchards in Limpopo and Mpumalanga. An expert unpacks the legal implications of the outbreak and how farmers can stay on the right side of the law

by Patricia Tembo
4th March 2025
Movement of infected plant material is prohibited by law during an outbreak of bud rot (Phytophthora palmivora).

Movement of infected plant material is prohibited by law during an outbreak of bud rot (Phytophthora palmivora). Photo: Wikimedia commons

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With the detection of bud rot in palms (Phytophthora palmivora) in South Africa, farmers should be aware of their legal responsibilities and the potential consequences of this disease.

Preventing infection is crucial not only to protect papaya and other crops but also to comply with strict international trade regulations. Some countries, like Botswana, have already imposed import restrictions to curb the spread.

The department of agriculture, land reform and rural development (DALRRD) recently confirmed cases in commercial papaya orchards in Limpopo and Mpumalanga. Lucinde Rhoodie, a director in dispute resolution practice for agriculture, aquaculture and fishing at Cliffe Dekker Hofmeyr, unpacks the legal implications of bud rot and how farmers can navigate compliance requirements.

Lucinde Rhoodie is an attorney and director in dispute resolution practice for agriculture, aquaculture and fishing at Cliffe Dekker Hofmeyr. Photo: Cliffe Dekker Hofmeyer

Legal restrictions on diseased plant material

To prevent further spread, the National Plant Protection Organisation of South Africa (NPPOZA) has implemented strict phytosanitary measures, including a delimiting survey to assess the extent of infestation.

Farmers are urged to adhere to restrictions under the Agricultural Pests Act (Act No. 36 of 1983) and Control Measures R.110, which regulate the movement of host material. Movement of infected plant material is prohibited unless authorised by a removal permit.

Given the potential impact on domestic and international trade, it is crucial for farmers to understand the legal and economic ramifications of this outbreak, Rhoodie emphasises.

“The failure to disclose the existence of bud rot to the department of agriculture could lead to fines, could lead to penalties, and in certain instances, it can also lead to imprisonment,” Rhoodie says.

Concealing or failing to report the disease could lead to permit revocation, affecting both local and international market access.

Legal risks for farmers

Non-compliance with regulations not only invites penalties but also increases the risk of civil liability.

Farmers should be aware of two key legal risks: If a farmer’s failure to follow regulations leads to the spread of bud rot to neighbouring farms, they could face legal action.

“The defaulting farmer can be accused of negligence and can then by way of what we call a delictual remedy be held liable for damages suffered by a neighbouring farmer,” she explained.

Contractual and consumer protection liabilities

Selling infected produce without disclosure could lead to contract breaches and legal consequences under the Consumer Protection Act.

Rhoodie stressed, “Individuals are protected by the Consumer Protection Act, which can in turn lead to complaints against the farmer at the Consumer Commission.”

Farmers should review their contracts and ensure all produce meets phytosanitary requirements before sale or export.


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Economic impact and trade considerations

Bud rot does not only affect individual farmers but also has broader economic implications. International markets may impose stricter import requirements, which will increase production costs. This could lead to higher prices for consumers or, conversely, an oversupply in the domestic market that drives prices down.

“It is possible that countries who have decided not to suspend imports from South Africa may heighten and tighten their import conditions, which may have a financial impact on the individual farmer. There may be new requirements, like extra lab testing, extra treatment of fruits, which can up the production costs of a farmer, which can trickle down to the consumer,” Rhoodie says.

To safeguard the market, farmers should work closely with agricultural authorities and comply with all phytosanitary measures.

Best practices for disease management and compliance

Farmers should take proactive steps to prevent and control bud rot while ensuring legal compliance:

  • Regularly inspect crops for symptoms and report infections immediately.
  • Follow movement restrictions for host material as per DALRRD regulations.
  • Implement cultural and biological controls to limit disease spread.
  • Maintain accurate records of disease management actions and regulatory compliance.

Rhoodie advised, “Farmers must just keep in mind that they must manage effective practice, effective cultural control, and really try to root out this problem as soon as possible.”

READ NEXT: Why smallholder farms could transform SA’s economy

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Patricia Tembo

Patricia Tembo is motivated by her passion for sustainable agriculture. Registered with the South African Council for Natural Scientific Professions (SACNASP), she uses her academic background in agriculture to provide credibility and technical depth to her journalism. When not in immersed in the world of agriculture, she is engaged in outdoor activities and her creative pursuits.

Tags: Commercialising farmerDepartment of Agriculture and Rural DevelopmentLimpopoMpumalangaPlant diseaseTeach me
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