As reported, FSA supported an application to the High Court by CropLife SA regarding the Pest Control Operator (PCO). Organised Agriculture and CropLife SA worked with the Department of Agriculture, the Registrar under Act 36 of 1947, and other stakeholders to promote compliance, environmental stewardship, and the safe use of potentially hazardous products. Since the publication of the 2023 regulations, the association has engaged extensively with authorities to seek regulatory clarity and workable implementation measures. Despite these efforts, ambiguity persisted, making judicial clarification and guidance necessary.

CropLife SA submitted an urgent application to the High Court in December 2025 to seek clarity on the interaction between the Pest Control Operator (PCO) Regulations of 2011 and the Regulations relating to agricultural remedies promulgated in August 2023 under the Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act 36 of 1947).

On 26 January 2026, the High Court handed down judgment in favour of CropLife SA. The Court declared that the class “restricted agricultural remedy” listed in Annexure A of the Regulations relating to agricultural remedies published under Government Notice 3812 on 25 August 2023 is not included in the class of “restricted-use agricultural remedy” referred to in the Pest Control Operator Regulations published under Government Notice 98 on 18 February 2011. The Court further confirmed that the “restricted agricultural remedy” category in Annexure A is therefore not subject to regulatory control under the PCO Regulations.

FSA would like to remind our members that “restricted agricultural remedies” as defined in the Regulations relating to agricultural remedies are Highly Hazardous Pesticides (HHPs). South Africa, as a signatory of various international conventions, is committed to “phase out” HHPs where risks have not been managed and where safer affordable alternatives are available, and to promote transition to and make available those alternatives by 2035”, in accordance with the targets set by the UN Global Framework on Chemicals.

While the High Court ruling clarified that farmers (and foresters) are not legally required to hold PCO registration solely to purchase and apply restricted agricultural remedies, this does not remove the need for competent, trained and accountable pesticide application in forestry. The forestry sector continues to operate under robust stewardship frameworks, including the Timber Industry Pesticide Working Group (TIPWG) PCO SOP and related guidelines, which require that restricted and high-risk products are applied by suitably qualified and experienced personnel. In practice, forestry companies will therefore continue to require PCOs for pesticide application to ensure legal compliance, environmental protection, worker safety, certification alignment (e.g. FSC) and reputational risk management. The court ruling provides regulatory clarity, but it does not replace the industry’s responsibility to manage Highly Hazardous Pesticides through trained operators, formal procedures and auditable systems.