SEED STATUS REPORT OF SWAZILAND

1. SEED STATUS REPORT OF SWAZILAND BY MTHETHWA C.M. (Act. Head, SQCS)

2. OVERVIEW OF THE SEED LAW (1/2) • The Seeds and Plant Varieties Act, 2000 came into force after going through parliament and then signed by the King on the 17th October 2000. • It provides for the control, sale, importation and exportation of seeds and matters incidental thereto. • It consists of the following: • (a) Preliminary – interpretation, application of Act and appointment of Registrar of Seeds; • (b) Registration of seed cleaners, sellers, importers and exporters; • (c) Provisions for the recognition of certain varieties of plants;

3. OVERVIEW OF THE SEED LAW (2/2) • (d) Certification schemes; • (e) Establishment of an official seed testing station; • (f) Requirements relating to seeds, packaging material, seeds and labels; • (g) Importation and exportation of seed; and • (h) Other sections e.g. inspection and proof of documents, secrecy, appeals, offences and penalties.

4. PLANT BREEDERS RIGHTS LEGISLATION (1/1) • Currently, there is no plant breeders rights legislation in the country. • Work is currently in progress towards drafting the legislation.

5. SEED REGISTRATION (1/2) • The Registrar of Seeds shall be responsible for all the registration of seed in the country: • (a) Register of establishments – names, postal address, physical location, kind of business. • (b) Application for registration – apply in writing using application forms and a prescribed fee. The Registrar shall issue a certificate of registration if he is satisfied. • (c)Terms of registration – valid for 12 months and shall be renewable • (d) Termination of registration – the Registrar may, at any time, terminate the registration of any establishment if it does not comply with any of the following:

6. SEED REGISTRATION (2/2) • (i) The type of building (not suitable); • (ii) The necessary facilities (not available); and • (iii) Record keeping (not up to standard).

7. CROP VARIETY TESTING (1/2) • The Minister of Agriculture may, by notice in the Gazette, prescribe a variety list in respect of such plants as he may determine. • Only varieties of plants that are listed in the variety list may be sold. • A variety may be recognised if: • (a) it is by reason of any important characteristic, clearly distinguishable from any other variety of the same kind of plant; • (b) it is sufficiently homogeneous; • (c) it is stable and remains true to description after repeated reproduction; • (d) it is identified by a denomination (be suitable to identify and not be liable to mislead or cause confusion); and • (e) it has sufficient merit in at least one agronomic character

8. CROP VARIETY TESTING (2/2) • The minister shall appoint a committee whose chairman shall be the Registrar of Seeds to consider and examine applications for the recognition of varieties of plants. • The Minister may authorise the committee to use results of tests conducted outside the country if he is satisfied that they form a reliable basis. • There shall be a variety list which shall be kept by the Registrar of Seeds. • The list shall be published in the Gazette at least once a year and not later than the 1st July each year.

9. SEED CERTIFICATION (1/4) • The Seed Quality Control Services (SQCS) is an official seed testing station and also the official certification authority. • The SQCS shall have official seed testers and inspectors whose appointment shall be notified by public gazette. • No seed shall be certified unless it has been produced, inspected, sampled, tested and comply with set standards. • Seed shall be certified into six classes: A = pre-basic seed; B = basic seed; C1 = certified seed, 1st generation; C2 = cert. seed, 2nd gen.; C3 = cert. seed, 3rd gen.; E = emergency class.

10. SEED CERTIFICATION (2/4) • Only cultivars which have been approved by the Registrar shall be eligible for certification. • Field inspections for the purpose of certification shall be conducted by persons authorised by the SQCS to be seed inspectors. • A seed inspector may refuse to certify a crop if he is satisfied that: • (a) the crop is heavily contaminated with weeds, other species or diseases as to render the crop unfit for seed; • (b) the isolation distance or standards relating to offtypes and other cultivars have not been complied with;

11. SEED CERTIFICATION (3/4) • (c) for hybrids of maize, sorghum and sunflower, there are more than one pollinating females per 100 plants; and • (d) the crop exceeds the approved and registered hectarage by more than 10%. • For the purpose of certification, an inspector shall conduct three field inspections per crop. • Additionally for hybrids, at least three inspections shall be conducted during pollination. • A report for every field inspection shall be made by the inspector and shall be countersigned by the registered grower or the growers’ representative. • It has been a very long time since hybrids were produced in the country. Seed companies now prefer importing them from other hybrids.

12. SEED CERTIFICATION (4/4) • Only one open-pollinated variety (OPV) for maize is produced (ZM521) whose basic seed is obtained from CYMMIYT. • The country is also in possession of basic seed for two other OPVs (ZM309 and ZM611). • Group of farmers interested to produce the varieties are still being sought. • Legume seed production is conducted at five different areas under the emergency/quality declared seed class.

13. QUARANTINE AND PHYTOSANITARY MEASURES (1/1) • Phytosanitary measures are governed by the Plant Control Act, 1981 (under review). • The quarantine and phytosanitary measures are not specifically for seed but for all plants and plant products. • The country has a national pest list and is reviewing its quarantine pest list. • The country has recently finished constructing the post-entry quarantine facility which consists of two laboratories and green houses at Malkerns Research Station. • Recruitment of staff is currently pursued.

14. CHANGES NECESSARY IN THE LEGISLATION (1/2) • The Seeds and Plant Varieties Act, 2000 should include an article that talks about the establishment and maintenance of the SADC Variety Catalogue and the SADC Variety Database. • Seeds of varieties listed in the Catalogue can be sold in all SADC Member States without restrictions related to variety. • Before a variety can be entered in the Regional Catalogue it will need to be released in at least two SADC countries. • A member country can apply for permission to prohibit the use of a given variety in its territory if it is not suitable for its growing conditions.

15. CHANGES NECESSARY IN THE LEGISLATION (2/2) • The minimum seed certification standards for the country should be in line with the minimum SADC Seed Certification Standards. • Example: minimum germination % for groundnut for the country is 80%, yet the SADC one is 75% for certified seed.

16. CHALLENGES FACED IN IMPLEMENTING INSTITUTION CAPACITY DEVELOPMENT (1/2) • (a) Capability capacity: • - orientation of extension personnel, NGOs and farmers’ associations on different seed issues/topics. • - thorough training of new staff members to be recruited. • - training of existing staff members on seed inspection and seed health testing. • Training of extension personnel on the importance of the Seed Act.

17. CHALLENGES FACED IN IMPLEMENTING INSTITUTION CAPACITY DEVELOPMENT(2/2) • - thorough training of farmers’ associations involved in seed production. • - fact sheets for extension personnel and NGOs. • (b) Resource capacity • - shortage of transport; • - maintenance of existing equipment; • - late acquisition of materials for day to day activities of the laboratories; • - computers used are now very old and unreliable.

18. THANK YOU.