The Western Cape High Court this morning reviewed and set aside the decision of the Minister of Environmental Affairs to refuse to allocate a WSCD permit to Shark Adventures that operates out of Gordons Bay.
The decision is significant as Shark Adventures not only sought to review the decision to refuse it a permit, but also sought to review the authority of the Minister to decide the appeal as it was argued that the Minister of DEA is not permitted under the Marine Living Resources Act, 1998, to regulate the white shark cage diving sector. It was argued that the Fisheries Minister is actually the correct repository of authority over the shark cage diving sector.
The full reasons of the court will be made available in due course. Feike advised Shark Adventures on its appeal and its litigation. Shark Adventures was represented by Shaun Hangone of Von Lieres Cooper Barlow Hangone Attorneys and Advocate Darryl Cooke of the Cape Bar.