Matters have arisen recently and historically in the fishing industry where parties have struggled in vain to obtain a decision from the Minister or the responsible Department. We are often asked by frustrated clients what can be done in situations like these. Fortunately, our law does cater specifically for situation like these. Section 6 of […]
GETTING A DECISION! Read More »
The latest in this saga is that the State filed an answering affidavit on the 13th September 2010. The first point of interest is that the affidavit is not deposed to by the Minister herself, but rather by the Acting Director of Legal Services at DAFF. It may be that the Minister is “keeping her
The Oceana Section 21 Challenge Read More »
As if the Oceana Section 21 challenge was not enough to get one’s mind around, on the 3rd September 2010 Foodcorp launched its own challenge against the Section 21 policy. Although similar issues are dealt with in their challenge, the focus of the challenge is different. Foodcorp wish paragraph 6.2 and 6.3 of the policy
The Foodcorp Section 21 Challenge Read More »
On the 22nd September 2010 the Supreme Court of Appeal handed down a judgment in respect of the WCRLA and Oceana attack on the allocation by the Minister in 2007 and 2008 of a subsistence / recreational exemption to certain bona fide artisanal fishers which allowed them to catch and sell West Coast Rock Lobster.
Minister defeats WCRLA and Oceana in Supreme Court of Appeal Read More »
At the heart of the recent WCRLA / Oceana Appeal Court judgment was the Equality Court order ordering the Minister to compile a small scale fisheries policy which would better take into account the rights of subsistence and small scale users of fishing resources in South Africa and in particular fisherman in coastal communities which
Small Scale Fisheries Policy Read More »
