In less than two years, the Department of Forestry, Fisheries and the Environment has again seen a change in political leadership. At one level, this creates the usual practical concerns: shifting priorities, delays in decision-making, inconsistent approaches to pending matters, and growing backlogs in applications and appeals. But in the fisheries space, the difficulty runs deeper than ministerial reshuffling.
The Marine Living Resources Act 18 of 1998 (MLRA) requires the appointment of a Consultative Advisory Forum (CAF), yet no CAF has been appointed and operational for more than 20 years. That is not a minor administrative omission. Section 5 of the MLRA uses peremptory language: the Minister “shall” appoint a forum. The CAF is not intended to be decorative. The Act contemplates a broadly representative, multidisciplinary body capable of providing informed, independent advice to the Minister on marine living resources governance. In several instances under the MLRA, ministerial decision-making is expressly contemplated to take place after consultation with the Forum.
Had such a body been properly constituted and functioning over the years, it could have provided continuity, institutional memory and sector-specific expertise across changes in political leadership. In a regulatory environment marked by recurring rights allocation processes, appeals, policy amendments and sector uncertainty, that kind of statutory consultative structure is fundamental to effective governance.
The result is that instability at the top is compounded by the long-running absence of a statutory advisory mechanism notwithstanding legislative obligation. That combination has real consequences for environmental and fisheries governance, and for those awaiting lawful, efficient and properly informed decisions.
We welcome Mr David Maynier to the portfolio and hope that this appointment brings much-needed stability and continuity to the Department. It also presents an opportunity to address a more foundational issue: whether the Department will finally give effect to the MLRA’s consultative architecture by appointing an operational CAF.
We will continue to monitor these developments and their implications for pending applications, appeals and regulatory strategy.