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On 19 August 2026, the Western Cape High Court reviewed and set aside the quantum allocation methodology that had been adopted to apportion quota to the holders of fishing rights in the South Coast rock lobster (SCRL) fishery. The matter was brought against the Minister at the time (Barbara Creecy) by Risar Fishing CC.  I had acted as counsel for Risar Fishing in that matter.  The Minister's legal team was immediately notified of what we considered to be the urgent next steps given that the SCRL fishing season commences each and every year on 1 October.  What has become apparent based on communications with representatives of the Department of Forestry, Fisheries and Environment is that the Minister and his department literally did nothing for the last 40 days and fully expected that they would instead attempt to unlawfully allocate a portion of the 2026/2027 SCRL total allowable catch to buy themselves more time to be incompetent. What has transpired over the past 48 hou...

The South African Deep Sea Trawl Industry Association ("SADSTIA") has published an incredibly important report that should certainly guide the significant revision of the MLRA, which is now at least a decade over due.  The SADSTIA report correctly hones on the issue of the duration of fishing rights. Fishing right duration and the increasing collapse in the confidence of any fishing allocation process will increasingly deter any meaningful stabilization of the moribund SA fishing industry - let alone spur any growth or significant investment.  What we have seen since the 2016 rights allocation process is a significant erosion in the confidence of these processes & the allocation of rights especially since we have repeatedly seen -  (a) consistent findings of unlawfulness by the high court setting aside hundreds of fishing rights; & (b) the minister repeatedly self-reviewing decisions setting aside wholesale allocations 5/6 years into a rights allocation period....