The Arnie Bengis Money: Where's the Cash?

On 19 February 2020, the National Prosecuting Authority addressed correspondence to the Fisheries Branch seeking urgent clarification as to whether the Fisheries Branch has - 

1. Ringfenced the US$7.45 million (±R111 million) that were repatriated by the Government of Jersey (United Kingdom) for the purpose of investing the monies for the singular objective of recovering depleted fish stocks, particularly West Coast rock lobster; and

2. Established the required Marine Living Resources Fund sub-accounts into which the repatriated funds would be transferred; and

3. Established the Project Implementation Committee, responsible for overseeing the implementation of the marine living resources recovery projects which would be funded by the "Bengis Funds". 

The NPA reminded the Fisheries Branch that it has been more than 6 months since the Jersey Government had transferred these funds and the Governments of Jersey and the United States require an update as to whether South Africa has adhered to its undertakings. The NPA - clearly frustrated by the Fisheries Department's refusal to respond and confirm adherence with its international undertakings - specifically recorded that "the undertakings and commitments we make to our counterparts in the context of Asset Recovery forms the bedrock of our Mutual Co-operation in such matters. Consequently, compliance with such undertakings cannot be taken lightly."

There are a couple of questions that arise. 

• Firstly, why has the Fisheries Branch refused to respond to the NPA? 
• Secondly, has the Fisheries Branch implemented any of the undertakings given to the Governments of the US and Jersey? 
• And why did the DG of Agriculture, Forestry and Fisheries at the time, Mike Mlengana, accuse the DDG of the Fisheries Branch at the time of misappropriating these funds when he knew that the funds were not even in the Marine Living Resources Fund? 
• What is the Fisheries Branch's fund implementation strategy with respect to the recovery of depleted marine living resources, particularly WCRL? 

It is astounding that the South African public, and fishing industry in particular, have to date not been presented with the Government's proposed plan for the recovery of depleted resources, especially given the growing social and economic crises afflicting fishing communities with the WCRL trade collapse; the collapse of the pilchard fishery and the annihilation of the legal abalone fishery.