Since the submission of comments by interested and affected parties in early November 2010 there has been little progress in the development of the proposed policy for the Small-Scale Fisheries sector.

Foodcor Matter

As reported in previous newsletters, Foodcor was unsuccessful in its application to the Western Cape High Court to challenge the lawfulness of certain paragraphs of the rights transfer policy which relate to the applicability of Section 21 of the MLRA to the transfer of shares in fishing rights holding companies.

Over the years there has been uncertainty about whether a company’s failure to comply with the requirements of Section 228 of the Companies Act (which is now succeed by Section 112 read with 115 of the new Act) can be override the Turquand Rule.

On the 20th of September 2011 Peter Edwards of our firm acting on behalf of the National Council of SPCA’s of South Africa, the World Society for the Protection of Animals and Seal Alert SA attended a stakeholders meeting called by the Constitutional Ombudsman of Namibia relating to Namibia’s controversial seal harvest.

The Alina II & the MT GC Gaungzhou