An Analysis of How South African Legislation (NEMBA and the Biodiversity Act) Regulates the Use of Indigenous Medicinal Plants: A Desktop-Based Qualitative Review Design

Sibonelo Thanda Mbanjwa

doi:10.51168/sjhrafrica.v6i12.2217

Authors

Sibonelo Thanda Mbanjwa Mangosuthu University of Technology

DOI:

https://doi.org/10.51168/sjhrafrica.v6i12.2217

Keywords:

Indigenous medicinal plants, NEMBA, Biodiversity Act, South Africa, bioprospecting, benefit-sharing, traditional knowledge, conservation, sustainable use, legislation, Nagoya Protocol, regulatory framework

Abstract

Background
Indigenous medicinal plants are widely used in South Africa for traditional healing, pharmaceutical research, and commercial trade. Their increasing demand has raised concerns over biodiversity loss, bioprospecting, and the protection of traditional knowledge. To safeguard these resources, the National Environmental Management: Biodiversity Act (NEMBA) and the Biodiversity Act provide legal mechanisms for sustainable use, conservation, and benefit-sharing. This study analyses how South African legislation regulates the collection, trade, and commercialization of indigenous medicinal plants.

Methods
A qualitative desktop review design was adopted. Relevant documents were sourced from government legislation, South African National Biodiversity Institute (SANBI) reports, peer-reviewed articles, policy briefs, and legal case studies. Data were thematically analysed to identify regulatory measures, compliance requirements, and enforcement challenges related to indigenous medicinal plant use.

Results
Findings revealed that NEMBA regulates indigenous plant harvesting through permit systems, biodiversity management plans, and restricted species lists. The Biodiversity Act reinforces compliance by ensuring equitable benefit-sharing with indigenous knowledge holders, consistent with the Nagoya Protocol. However, challenges exist, including illegal harvesting, limited awareness among traditional healers, weak enforcement capacity, and slow processing of bioprospecting permits. Successful examples of benefit-sharing agreements demonstrate the potential for fair compensation, conservation funding, and research partnerships.

Conclusion
South Africa has strong legal frameworks governing indigenous medicinal plant use, balancing cultural practice, commercialization, and conservation. Despite this, gaps in enforcement and community awareness limit effective implementation, resulting in ongoing illegal harvesting and biodiversity threats.

Recommendations
The study recommends increased community education on permit requirements, improved enforcement capacity, streamlined bioprospecting procedures, and stronger partnerships between government, traditional healers, and research institutions. Expanding benefit-sharing agreements could incentivize conservation and ensure that indigenous communities receive fair economic and cultural benefits.

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