Attention All Category B Right Holders in the Hake Inshore Trawl Fishery!

 On 17 November 2023, the Fisheries Minister launched an urgent interdict application that sought to stop ALL Category B right holders in the hake inshore trawl fishery from fishing in 2024. She wanted the courts to interdict her staff from processing and issuing hake inshore trawl permits and to stop all Category B's granted permits from fishing. 

The interdict application was opposed by a number of Category B right holders for obvious reasons. 

Arguments in this application were heard on Thursday 14 December 2023. The Minister conceded that her request to interdict every single Category B right holder would be over broad and the court would never permit this. Effectively, the Minister conceded that right holders LETAP CC, Mayibuye Fishing, Fisherman Fresh CC, Premier Fishing, Full Deck Investments, Dazelle Traders & Offshore Fishing would always qualify for a right despite any attempts by her to re-score their applications. 

We have now been told that the Department is seeking to enforce this interdict "application" despite there being no interdict in place.  

In short, the Department MUST process and issue all hake inshore trawl fishing permits. If any Category B right holder's permit application is not being processed or if a permit already issued is "cancelled", this conduct would be unlawful and these right holders are encouraged to contact us. 

NOTE: Permits cannot be cancelled without due process and the only due process provisions allowed under the MLRA is the due process provision encapsulated under Section 28 of the MLRA. So any unilateral cancellation of a permit already issued would be unlawful.