The Fisheries Minister presently has more than a dozen court cases challenging her FRAP 2016 AND FRAP 2020 appeal decisions.
Hake Inshore Trawl
Here the minister currently faces review cases by Hacky Fishing, Sevlac Investments and Letap. In the Hacky matter (which the Minister remain in contempt of a court order from September 2022), the Minister has attempted to self-review her hake inshore trawl decisions - effectively admitting that she and her advisors have repeatedly acted unlawfully when scoring Category B applicants in that fishery.
We have referred to the Minister's conduct as being an example of a "scorched hake" policy as she seeks to stop all Category B right holders from fishing so she can re-score their section 4 "suitable vessel" access data even though their rights have not been reviewed and set aside by any court of law.
So in this fishery where rights were first allocated 7 years ago, this Minister admits she still cannot score a single simple section correctly. Does our esteemed fisheries minister and her clever advisors not know what a hake inshore trawl vessel is? Clearly they dont as they keep confirming that they just cannot get this right!
Horse Mackerel
As with hake inshore trawl, the Minister is seeking to self-review her decisions here as well! And these decisions also stem from FRAP 2016! In addition, there are 4 review applications outstanding in this fishery.
Essentially, in both hake inshore trawl and horse mackerel, the Minister has asked the court to stop all Category B right holders from fishing until she gets her own confused and chaotic house in order. Both interdict applications were opposed in mid-December.
KZN Prawn Trawl
There is a single review application by Dyer Eiland Visserye against the Minister's decision to refuse them a right despite being the higher scoring appellant.
Traditional Line Fish
There are 2 review applications by appellants in the KwaZulu-Natal fishing zone.
South Coast Rock Lobster
Risar Fishing CC is challenging the legality of the quantum allocation methodology employed in that fishery.
Hake Long Line
Three appellants in Category A and B launched urgent review applications last week. It is expected that a further 2 reviews will be brought next week.
Tuna Pole
Three appellants filed review applications in the tuna pole fishery - 2 Category A appellants and 1 Category C appellant. These 3 applications are set to be heard in February 2024.
Small Pelagics
We will update once final decisions by clients are taken to review these decisions or aspects of the decision.
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