In a review application involving traditional line fishers set to be heard before the Western Cape High Court this month, the Minister of Forestry, Fisheries and Environment, Barbara Creecy, states on oath that fishing rights are considered to be property rights and that these rights cannot be revoked or cancelled as that would amount to a violation of section 24 of the Constitution.
The Minister's attempt at framing fishing rights as property is convenient in that particular matter but it will certainly harm her interests in the various other review matters she is presently facing, most particularly her own "self-review" matter in the hake inshore trawl fishing sector.
But members of fishing industry may want to interrogate this change of view by the Minister which effectively recognises your fishing rights as property rights no longer capable of "expropriation" without compensation as provided for in section 24 of the Constitution.
WC High Court Case: 17507/2023
Citation: RIYAZUL HAQ EBRAHIM GOOLAM HUSSAIN & 1 Other vs THE MINISTER OF
FORESTRY, FISHERIES & ENVIRONMENT & 46 Others
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