South Africa has an active Genetically Modified Organism (GMO) industry and it has been stated that South Africa’s uptake of GMOs is one of the fastest in the world. In 1999 approximately 250 000 hectares of farmland was planted with GM crops. This figure has increased by 100 000 hectare per year.2 South Africa is thus fast becoming one of the leading countries in the uptake of genetically modified organisms. This technology is still relatively new and as with any new technology, it carries some level of risk. Given that the potential impacts of biotechnology are not yet fully understood, it is quite likely that in the production, development or release of a GMO it may cause injury to person, property or the environment. This necessitates the existence of a liability regime that will place some legal responsibility on the party responsible for the harm.