On 28 January 2025, Dion George's fisheries department issued a decision to refuse to grant abalone fishing exemptions to 179 historic divers because they had apparently committed multiple serious violations of the MLRA.
Additionally, 83 exemption holders were found to have committed "minor" violations of the MLRA and were instructed to pay "admission of guilt fines" or not have their fishing permits issued. And they were told (dishinonestly) by fisheries staff that the payment of admission of guilt fines would not reflect on their criminal records and these fines "have nothing to do with prosecutors and magistrates"! These are obvious lies that unlawfully coerced many exemption holders to admit to crimes they never committed in order to desperately secure access to their fishing permits so as to earn a living.
The decision of 28 January 2025 was apparently the consequence of a 6-month long investigation into compliance conduct by abalone exemption holders. The investigations - we are told - were completed in December 2024 where these hundreds of violations were "found" to have been committed by these 262 exemption holders. [It is worth noting that there are no more than 290 exemption holders in the entire fishery, which means that according to the department, 90% of divers committed violations of the MLRA].
This in itself ought to have caused any Minister and his senior fisheries staff to pause and double-check the "findings" of their supposed investigations! A 90% violation rate for any fishery is simply not even comprehensible! But not for the geniuses running the fisheries department. They proceeded to refuse to issue fishing permits to 179 exemption holders and then sought to blackmail the additional 83 exemption holders into paying fines.
Problem 1: A significant number of those accused of "minor" violations - the 83 - refused to pay admission of guilt fines and instead challenged the fines which have since been withdrawn because the department made repeated and basic errors in their "investigations". For example, exemption holders were accused of landing fish against permits that dont even exist and because their vessels failed to report their positions despite the fact that it is widely known that the Department's Vessel Monitoring System is outdated and barely functional and the reporting problem lies with the department.
Problem 2: Lying to exemption holders about the consequences of paying an admission of guilt fine in order to coerce them into paying fines is egregious and shameful. Paying an admission of guilt fine means that the contravention is recorded as a criminal offence and can affect ones ability to apply for VISA's, jobs, future fishing permits etc.
Problem 3: The department has failed to inform any one of the 179 exemption holders accused of the supposed multiple and serious violations of the MLRA and what these charges are but has already found them each guilty by refusing them their fishing permits. It's been 4 months since the department says their obviously flawed investigations were completed and yet they have failed to even notifty a single exemption holder of these "serious" charges. The violations of due process, the provisions of the MLRA and the exemption holders' Constitutional rights to fair, just and lawful adminsitrative action is of great concern.
The conduct to which these exemption holders have been subjected to by the Fisheries Department is entirely expected from a corrupt and inept ANC administration. Such conduct was the hallmark of the FRAP 2022 for example, which resulted in more than 120 successful review applications against the Fisheries Minister.
But what on earth is Dion Geroge and the DA doing by simply repeating the failures of the ANC administration? The DA is effectively causing signifcant harm to fishing communities in the Western Cape with this type of heavy-handed, unlawful ANC-style mafia conduct.