Civil society group Foundation for Rights of Expression and Equality (Free) SA has welcomed the decision by Minister of Health, Dr Aaron Motsoaledi to withdraw a prohibition notice banning the sale, importation, and manufacture of food products containing hemp and cannabis.
Free SA said the minister's decision came after mounting pressure from civil society groups and the cannabis business sector.
It said it had sent a formal legal letter of demand to the minister last week in which it 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 On the eve of being taken to court, the minister has rightly withdrawn the unlawful regulations."
The group said the now-withdrawn regulations—published in Government Gazette No. 52227 on 7 March 2025—were made without prior public notice or opportunity for comment, in violation of section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.
The section requires the Minister to publish proposed regulations and invite public input at least three months before enactment, unless urgent public interest dictates otherwise.
"Public participation is not a favour but it’s a constitutional obligation. That’s what Free SA stands for," Coetzer.
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 Coetzer.