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Showing posts from November, 2023

The Hake Long Line Appeal Decisions: #FRAPFAILURE Marches Forth

On 7 October 2023, Minister Creecy issued her hake long line appeal decisions. Her decisions have resulted in the allocation of a total of 106 rights in the hake long line fishery, which is a reduction from the 123 right holders that were active in the fishery before 28 January 2022.  The decisions are certainly reviewable on a number of grounds and we are in the process of preparing review applications for a number of unsuccessful appellants. We will keep you updated as these matters progress through the Western Cape High Court.  But what has become clearly apparent is that the Minster has made glaring errors in the evaluation and scoring of these appeals. For one, she has inconsistently dealt with the issue of compliance with laws such the Employment Equity Act, Skills Development Act and Skills Development Levies Act. She has unlawfully decided to deny appellants scores for these criteria despite the fact these laws do not apply to them and as such these appellants cannot b...