Legislation Tracker

Which countries are taking measures that encourage companies to contribute to the Cali Fund?

The international agreement establishing the Cali Fund invites countries to "take administrative, policy or legislative measures" that incentivise contributions to the Cali Fund.

0

countries with legislation encouraging Cali Fund contributions

0

countries where such legislation is under discussion

South Africa

  • Friends of the Cali Fund Member: yes
  • CBD Party
  • Nagoya Party
  • BBNJ Agreement Signatory
  1. No Legislation or administrative measure proposed yet
  2. Legislation or administrative measure proposed
  3. Legislation introduced
  4. Legislation passed into law
  5. Legislation or administrative measure in effect

Overview

South Africa has not introduced Cali Fund-specific legislation or administrative measures. Its bioprospecting regime under NEMBA and the BABS Regulations already reaches DSI-related subject matter. It has positioned itself as a convener of the process: it hosted the third Cali Fund Steering Committee meeting in Cape Town (7-9 April 2026) and is a member of the Friends of the Cali Fund.

Proposed legislation / administrative measure

No measure has been proposed, and South Africa has not filed a submission under notification 2026-006. In its March 2025 submission to the CBD (notification 2024-114), South Africa called for modalities to detect DSI users and link them to the mechanism, including awareness campaigns, surveys and peer consultations, and noted the need for a way to fine DSI users who do not contribute to the Cali Fund. It also proposed a self-declaration process with independent verification for entities that consider themselves out of scope, a matchmaking platform under the Clearing-House Mechanism, and sector-specific frameworks for non-monetary benefits.

Key developments

7-9 April 2026 - South Africa hosted the third meeting of the Cali Fund Steering Committee at Kirstenbosch National Botanical Garden, Cape Town.

9 June 2025 - South Africa signed the BBNJ Agreement.

23 March 2025 - The ITPGRFA entered into force for South Africa.

September 2024 - South Africa hosted a DSI retreat in Pretoria ahead of COP16, continuing the global DSI dialogues it launched with Norway in 2019.

ABS legislation

National Environmental Management: Biodiversity Act 10 of 2004 (NEMBA), chapter 6, plus the Bioprospecting, Access and Benefit-Sharing (BABS) Regulations 2008, substantially revised in 2015.

Regulatory context

Bioprospecting involving South Africa's indigenous biological resources requires a permit issued under chapter 6 of NEMBA, with prior informed consent and benefit-sharing and material transfer agreements negotiated with stakeholders, including Indigenous and local communities holding traditional knowledge. Monetary benefits are paid into the Bioprospecting Trust Fund. The CBD's 2020 fact-finding study lists South Africa among the countries whose domestic measures address DSI.