The Green Party Application: Why has the Minister not Opposed the Application Yet?
On 15 January 2013, we reported that the Green Party's Judith Sole served a second set of papers on the Minister of Fisheries, her DDG and a number of "interested parties" (none being right holders in the lobster sector) seeking to either - halt all lobster fishing in South African waters until lobster stocks recover to "sustainable levels"; alternatively, to stop the commercial trap fishery from fishing but to allow the nearshore and interim relief sectors to continue operating. As we had reported on 15 January, our opinion is that the application is not only entirely ill-conceived on a substantive basis but it is fatally flawed on a procedural basis as Ms Sole failed once again (as she had done in her initial application in December 2012) to serve the application on each of the more than 2000 commercial right holders and interim relief operators as she is required to do. That said, the respondents (ie the Minister and her DDG) were required t...