INDIGENOUS KNOWLEDGE: DRAFT REGULATIONS OUT FOR COMMENT

INDIGENOUS KNOWLEDGE: DRAFT REGULATIONS OUT FOR COMMENT

• 04 June 2026
• Property Law (including intellectual property)
• SA Legal Academy

Please note: On 30 September 2026, the department gazetted a notice replacing certain pages of the draft regulations – and extending the commentary deadline to 30 October 2026. The affected pages contain organograms focusing on the certification process, the pre-licence application process and community information.

The Department of Science, Technology & Innovation has gazetted draft regulations under the yet-to-be-commenced 2019 Protection, Promotion, Development & Management of Indigenous Knowledge Act – calling for input by 3 August 2026.

Among other things, the draft regulations provide for ‘biocultural community protocols’ as ‘instruments developed by indigenous communities’ setting out ‘clear terms and conditions to third parties for engaging with ... (them) when accessing their resources and knowledge’. This is in the context of rights conferred. Each protocol would set out access-related procedures underpinned by the principle of prior and informed consent.

It is envisaged that, using a template provided, the department would assist each affected indigenous community in developing a protocol that:

• includes ‘the social processes by which indigenous knowledge is acquired and used’
• sustains the knowledge system entailed, preserving its ‘distinct character’
• is ‘shaped by the unique cultural and spiritual values and beliefs’ of the affectd community, and
• takes account of:
  • a community’s leadership structure in the context of its custodianship of the resources concerned, and
  • the rights, responsibilities and obligations of a community according to customary, national, and international law.

The draft regulations also provide for:

• the registration of indigenous knowledge (with draft forms)
• the accreditation of assessors (with a list of the criteria to be met)
• a register of certified practitioners (with a list of the criteria to be met)
• the appointment of an advisory panel (with lists of qualifying criteria and operational procedures)
• norms and standards
• a dispute resolution mechanism, and
• offences and penalties.

Please click the links below for more information:

• draft regulations
• Act

Published by SA Legal Academy Policy Watch

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