On 14 May 2010 the Department of Agriculture, Forestry and Fisheries published a notice prohibiting the use of chlorpyrifos as an active ingredient in households, home, garden and domestic remedies.

This notice was preceded by a notice proposing restrictions on agricultural remedies containing chlorpyrifos for household, home, garden and domestic use.

The Legal Resources Centre on behalf of Dr Minaar supported by a number of public interest non-profit organisations made a submission to the Registrar of Act 36 of 1947 (The Fertilizers, Farm Feeds, Agricultural Remedies And Stock Remedies Act 36 of 1947).

In the submission it was argued that the partial banning of this substance was unlawful and only the total banning of its use as a domestic pesticide remedy would be lawful.

It was not clear what, apart from the World Health Organisation Guidelines, had informed the Registrar's decision but it appeared that the Registrar had not taken into account up to date medical information on the neuro toxicity of chlorpyrifos to the developing foetus and young children.

A summary of recent scientific findings in this regard was then submitted to the Registrar.  It was argued that in making regulatory decisions, the Registrar is obliged to take into account all relevant information and the failure to do so renders the decision reviewable under the Promotion of Administrative Justice Act 3 of 2000.  Apart from its impacts on the developing foetus chlorpyrifos is an organo phosphate pesticide with a wide range of adverse health impacts.

Chlorpyrifos blocks the ability of cholinesterase enzymes to deactivate the nerve signalling protein acetylcholine.  This causes an accumulation of acetylcholine and the  over activation of its targets including muscles, sweat glands, the digestive system, heart and brain cells.

The symptoms of chlorpyrifos poisoning include headaches, dizziness, nausea, vomiting, diarrhoea, shortness of breath and chest weezing, eye pupil contraction, blurred vision, excessive salivation, convulsions, muscle spasms that may lead to muscle paralysis and in an extreme case death by suffocation.

The South African Veterinary Association AVCASA blames chlorpyrifos for the majority of childhood poisonings and pre-natal and early life exposure to it has been associated with attention deficit disorder and autism.

Risks of exposure to chlorpyrifos can arise from dietary exposure, residential exposure to the chemical post application and occupational exposure in the workplace.  Cancellation of the registration of chlorpyrifos for domestic use would bring South Africa in line with regulatory approaches adopted in the US, Canada and the European Union.

The submission argued that the State has a constitutional duty to respect, protect, promote and fulfil the rights in the Bill of Rights which includes the right to life and the right of everyone to an environment that is not harmful to health and well-being.

Furthermore in all matters concerning the care, protection and well-being of the child, the State has a legal duty to apply the standard that the child's best interests are of paramount importance.

The State also has a duty to ensure that everyone has a right to an environment which is not harmful to their health or well-being and to have the environment protected through reasonable legislative and other measures which prevent pollution and ecological degradation.

This duty arises particularly in light of the fact that it is the State's prior conduct, namely by registering chlorpyrifos as an agricultural remedy for sale, distribution and use in South Africa, that has created a source of danger of exposure to chlorpyrifos and consequent dangers to health especially for children.

Ends.

NOTE: For more information on the background of the submission please go to http://www.lrc.org.za/ or contact Thulani Cele at: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 011 836 6601/ 082 706 2641