The Non-Existent Small Pelagic Review Application by Minister Dion George

On 31 October 2025, Dion George issued a set of decisions in the sardine and anchovy fishing sectors that recorded his intention to institute, what he referred to as, a self-review application in the small pelagic fisheries (sardine and anchovy sectors). 

George announced that the decisions taken by both the delegated authority (March 2022) and Minister Creecy (2024) were so unlawful that he could not take decisions on some 30 other applications already reviewed and set aside by the Western Cape High Court in 2025. [The self-review did not apply to the decisions taken by Creecy with respect to Category A sardine right holders]. 

George decided that at the end of October 2025. That was 4 months ago and his successor, Minister Aucamp - although noting in December 2025 that a self-review would be instituted -  has failed to institute such a review.

On 4 November 2025 my clients, Atlantic Choice and Imperial Trading, were preparing to have their pilchard and anchovy review applications heard before the Western Cape High Court. The Minister had opposed the relief sough by our clients. On Monday 3 November, we queried why the Minister was still pursuing the opposition given that George had effectively conceded the review application by issuing his decisions on 31 October 2025 - he conceded that Creecy's decisions (which included her decisions to refuse Atlantic Choice and Imperial Trading sardine and anchovy fishing rights) were unlawful. 

The Minister's legal counsel were clearly unaware of the decisions taken on 31 October 2025. Within a couple of hours, we had to inform the presiding judge that the matter had been settled. The Minister conceded our clients' review applications and tendered their costs. 

The order included a timetable which provided that the Minister becomes obligated by order of court to decide our clients' review applications afresh as per our legal arguments IF the Minister fails to institute the threatened review applications by 15 February 2026 (actually 16th because the 15th was a Sunday). 

The self-review has not materialized and Minister Aucamp will have to decide our clients' respective applications now as set out by the Western Cape High Court. 

What however remains incredibly concerning is that this "self-review" playbook was played by Creecy when she caused havoc to the hake inshore trawl fishing sector, reviewing in 2024 the previous Minister's unlawful hake inshore trawl fishing decisions which dated back to 2017! And now we have DA minister's doing the same thing - causing industry-wide confusion and uncertainty which impacts on jobs, stability investments in two fishing sectors that are already in peril due to stock viability. 

Large processors like Afro-Fishing have already started to sound the social and economic alarm about the sustainability of factories and the jobs they sustain given the ongoing policy failures and lack of leadership in the fisheries sector. [See the recent Daily Maverick series on the fishing industry and particularly this article on the small pelagic sector].

Is the DA deliberately trying to alienate voters in our coastal towns and villages? It seems from recent by-election results, they have already done so with these shocking decisions in the fishing sector. 

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