Minister Maynier Fails to Revise SCRL QUANTUM METHODOLOGY: FISHING SEASON CANT COMMENCE ON 1 OCTOBER 2026

On 19 August 2026, the Western Cape High Court reviewed and set aside the quantum allocation methodology that had been adopted to apportion quota to the holders of fishing rights in the South Coast rock lobster (SCRL) fishery. The matter was brought against the Minister at the time (Barbara Creecy) by Risar Fishing CC. 

I had acted as counsel for Risar Fishing in that matter. 

The Minister's legal team was immediately notified of what we considered to be the urgent next steps given that the SCRL fishing season commences each and every year on 1 October. 

What has become apparent based on communications with representatives of the Department of Forestry, Fisheries and Environment is that the Minister and his department literally did nothing for the last 40 days and fully expected that they would instead attempt to unlawfully allocate a portion of the 2026/2027 SCRL total allowable catch to buy themselves more time to be incompetent.

What has transpired over the past 48 hours has been a flurry of messages and emails between the South Coast Rock Lobster Industry and Association ("SCRLIA") and the Department as they desperately attempt to avert an historical non-start to the 2026/2027 SCRL season tomorrow. 

Unfortunately, there can be no "quick fix" at this stage. There cannot be any "pro-rata" allocations as there is no quantum allocation methodology or any legal mechanism in terms of which quota can be allocated to any right holder. The Western Cape High Court set aside the only TAC allocation mechanism on 19 August 2026.

Had Minister Maynier surrounded himself with remotely competent advisers, this embarrassing failure could have been averted. A competent Minister would have immediately directed his legal counsel on 20 August 2026 (the day after the judgement) to meet with Risar Fishing and thereafter with SCRLIA to - 

1.    agree the wording of a revised QAM; and

2.    agree an abbreviated notice and comment period as required by PAJA to proceed with the adoption of a final revised QAM.

Given the particular clarity and findings of the judgement, a revised QAM could have been prepared within days of the judgement (Risar had prepared a draft which could have been made available by the 22nd of August 2026). An expedited notice and comment period would be no more than 14 days, which would have given the Minister some two weeks to then finalise the QAM. That would have the left the Department about 4 days to process and issue the annual fishing permits required to commence fishing on 1 October 2026. 

Instead, we have an historical embarrassment where David Maynier will now hold the record of being the first minister who oversaw the failure of the SCRL fishing season to commence on 1 October. 

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