Legal Clarity in the Hake Inshore Trawl Sector: The Minister Issues an Addendum to the Appeals GPR
On 8 October 2024, the Minister of Forestry, Fisheries and the Environment signed the General Published Reasons for Decisions on Section 4 for Category B Entities in the Hake Inshore Trawl (HIT) Sector. This document followed the judgment handed down by Justice Slingers in Hacky Fishing (Pty) Ltd v Minister of Forestry, Fisheries and the Environment and Others (Case No. 18801/2023) and Minister of Forestry, Fisheries and the Environment and Another v Cyrel Burrel Fishing CC and Others (Case No. 2090/2024).
The Appeals GPR represented the Minister’s reconsideration of specific Category B appeals remitted for review by the court. However, following industry enquiries, it emerged that certain annexures to the Appeals GPR had inadvertently caused confusion within the sector.
The Source of Confusion
Annexures A and C to the Appeals GPR included lists of successful right holders across all categories, namely A, B, and C. Industry participants pointed out that some rights reflected in these annexures had subsequently been transferred in terms of section 21 of the Marine Living Resources Act, 1998 (MLRA). The process of transferring rights under section 21 is distinct from both the original Fishing Rights Allocation Process and the appeals procedure. These transfers were approved separately by the Delegated Authority within the Department and therefore did not form part of the appeal decisions. Their omission from the GPR annexures led to uncertainty regarding the current status of rights in the HIT sector.
The Minister’s Addendum
In response to these concerns, the Minister issued an Addendum on 21 October 2024 to clarify and amend the Appeals GPR, thereby restoring administrative certainty. The Addendum removes Annexures A and C, which related to Category A and Category C right holders, as the Minister’s reconsideration concerned only Category B entities. The Addendum also deletes paragraph 6.4 of the original Appeals GPR and replaces it with a statement that Annexure A now provides the list of successful Category B entities in the HIT sector and their respective Hake and Sole Total Allowable Catch allocations. In addition, the Addendum renames the previous Annexure B as Annexure A, limiting it specifically to Category B right holders.
The Minister further directed that any entity seeking clarity on the current position regarding Total Allowable Catch in the HIT sector, following the section 21 transfers, should consult the Department’s rights register, which is maintained by the Branch: Fisheries Management.
You can access the full Addendum document here: 22oct2024gpr_addendumhakeinshoretrawl.pdf
Why This Matters
The Addendum is a significant step toward ensuring transparency and legal precision within the governance of South Africa’s fisheries sector. It emphasises the importance of maintaining a clear distinction between the appeal process conducted in terms of section 80 of the MLRA and the transfer of rights under section 21. These are two separate administrative processes that must be treated independently to preserve procedural integrity.
By issuing this Addendum, the Minister has corrected potential ambiguities in the Appeals GPR and reaffirmed the Department’s commitment to transparent, lawful, and accountable management of marine resources. It serves as a reminder that clarity in administrative decision-making is fundamental to maintaining stakeholder confidence and upholding the principles of good governance in the fishing industry.