Applicants for commercial fishing rights under Fishing Rights Allocation Process 2021/2022 were required to file their respective administrative appeals in terms of section 80 of the Marine Living Resources Act, 18 of 1998 (“the MLRA”), read with regulation 5 of GN Regulation 1111 of 2 September 1998 (“the Fisheries Regulations”) by 29 July 2022.
Regulation 5(3) of the Fisheries Regulations provides as follows:
“(3) The appeal contemplated in sub-regulation (2) shall be served by the appellant on the person against whose decision the appeal is made, and that person shall submit a report on the appeal to the minister within 30 days after the appeal had been served on him or her."
As such, regulation 5(3) obligates each delegated authority to produce the appeal reports within 30 days after the appeals were filed. That 30-day period expired on 30 August 2022. The obligation is peremptory.
So where are these appeal reports? They should have been made available to all applicants and appellants by now.
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