significant policy development. However, this was only a framework Act which
could have no real impact until Regulations were published. As an acknowledgement of this fact, the new law made it clear that Law 4 of 1897 was only repealed
from the date of the publication of any Regulations in terms of the Act. The Orange
River Colony also published their own Noxious Weeds Act (Act 23 of 1909).
In summary, during the 50 year period 1860–1909, policy and legislation focused
on a limited number of (mostly plant) species. In addition, the primary driver in
policy and legislation dealing with biological invasions was to protect the interests of
farmers by placing a general ‘duty of care’ on all landowners and land users to
eradicate identified plants. The underlying policy consideration was therefore the
protection of a specific economic sector by making everyone responsible for managing the problem—often in a faultless liability manner. Acknowledged failures of
the policy and legislation in meeting stated objectives were on the whole met with
increasingly stringent penalties for non-compliance rather than a shift in the underlying approach. As will be seen, the identification of species and direction of
response—the ‘identify and direct’ approach—continues to remain a core component of biological invasion legislation, if not policy, today.
18.4 Dealing with Union: 1910 to 1934—Regulatory Hiatus
The Union of South Africa came into being on 31 May 1910 with the unification of
the four British colonies of the Cape, Natal, Transvaal (formerly the Boer
South African Republic) and Orange River (formerly the Boer republic of the
Orange Free State). These former colonies became the Union’s provinces known
as the Cape, Natal, Transvaal and Orange Free State provinces respectively. At its
establishment, the Union of South Africa was a self-governing autonomous dominion of the British Empire until independence from Britain through the 1926 Balfour
Declaration and the 1931 Statute of Westminster. The Union became the Republic of
South Africa on 31 May 1961 with the enactment of a new constitution.
On the biological invasion front, there appears to have been a regulatory hiatus
following union in 1910. Apart from the new Transvaal Province’s 1912 Ordinance—“An Ordinance to Consolidate and Amend the Law relating to Municipal
Government in this Province and the establishment of Health Committees therein,
and to provide for matters incidental thereto” (Ord. No. 9 of 1912)—which
empowered Councils to make weed-related by-laws, the first 24 years following
union was relatively quiet on the weed front. However, in addition to the usual
suspect, Xanthium spinosum, Ord. 9 of 1912 also specifically identified Cannabis
indica (Marijuana) and Tagetes minuta (Khakibos) as noxious weeds. This is
significant because, unlike Xanthium spinosum, these plants provide benefits to
some people—Marijuana for its narcotic and associated cultural uses, and, as
hemp, for its use as a textile, for paper and as rope; and Khakibos for its essential
oil (currently grown commercially in South Africa, France and North America for
the same purpose). Furthermore, this could be the first time that weed regulations
18 Biological Invasion Policy and Legislation Development
525
could have no real impact until Regulations were published. As an acknowledgement of this fact, the new law made it clear that Law 4 of 1897 was only repealed
from the date of the publication of any Regulations in terms of the Act. The Orange
River Colony also published their own Noxious Weeds Act (Act 23 of 1909).
In summary, during the 50 year period 1860–1909, policy and legislation focused
on a limited number of (mostly plant) species. In addition, the primary driver in
policy and legislation dealing with biological invasions was to protect the interests of
farmers by placing a general ‘duty of care’ on all landowners and land users to
eradicate identified plants. The underlying policy consideration was therefore the
protection of a specific economic sector by making everyone responsible for managing the problem—often in a faultless liability manner. Acknowledged failures of
the policy and legislation in meeting stated objectives were on the whole met with
increasingly stringent penalties for non-compliance rather than a shift in the underlying approach. As will be seen, the identification of species and direction of
response—the ‘identify and direct’ approach—continues to remain a core component of biological invasion legislation, if not policy, today.
18.4 Dealing with Union: 1910 to 1934—Regulatory Hiatus
The Union of South Africa came into being on 31 May 1910 with the unification of
the four British colonies of the Cape, Natal, Transvaal (formerly the Boer
South African Republic) and Orange River (formerly the Boer republic of the
Orange Free State). These former colonies became the Union’s provinces known
as the Cape, Natal, Transvaal and Orange Free State provinces respectively. At its
establishment, the Union of South Africa was a self-governing autonomous dominion of the British Empire until independence from Britain through the 1926 Balfour
Declaration and the 1931 Statute of Westminster. The Union became the Republic of
South Africa on 31 May 1961 with the enactment of a new constitution.
On the biological invasion front, there appears to have been a regulatory hiatus
following union in 1910. Apart from the new Transvaal Province’s 1912 Ordinance—“An Ordinance to Consolidate and Amend the Law relating to Municipal
Government in this Province and the establishment of Health Committees therein,
and to provide for matters incidental thereto” (Ord. No. 9 of 1912)—which
empowered Councils to make weed-related by-laws, the first 24 years following
union was relatively quiet on the weed front. However, in addition to the usual
suspect, Xanthium spinosum, Ord. 9 of 1912 also specifically identified Cannabis
indica (Marijuana) and Tagetes minuta (Khakibos) as noxious weeds. This is
significant because, unlike Xanthium spinosum, these plants provide benefits to
some people—Marijuana for its narcotic and associated cultural uses, and, as
hemp, for its use as a textile, for paper and as rope; and Khakibos for its essential
oil (currently grown commercially in South Africa, France and North America for
the same purpose). Furthermore, this could be the first time that weed regulations
18 Biological Invasion Policy and Legislation Development
525