Fisheries Minister Commits to MAYBE Deciding Abalone Appeals by 31 October 2025

"The Minister of Forestry, Fisheries and the Environment, Dr Dion George, has indicated that he will endeavour to finalise his decisions on the appeals lodged against the decisions taken by the Deputy Director General: Fisheries Management on exemptions for the 2024/2025 Abalone fishing season, by 31 October 2025.

Minister George has emphasised the importance of concluding the process without delay, as the livelihoods of many fishers, their families and coastal communities depend on timely, fair and lawful decisions in the abalone sector."

This is from a statement issued by the Fisheries Minister on 4 September 2025 regarding appeals filed against a decision by his department to summarily deny 179 abalone divers permits for the 2025 abalone season which ends on 30 September 2025. 

The Fisheries Department had commenced "investigations" into apparent unlawful fishing by divers in November 2023. By December 2024, they had finalised these investigations without ever interviewing or giving any diver a hearing regarding any findings of illegality. 

Then, on 28 January 2025 a decision was taken to summarily deny 179 divers permits to fish and earn a living in violation of their rights to due process. Between April and July 2025, the DDG then proceeded to issue separate decisions (unlawfully as she lacked the authority to do so) refusing individual divers their permits and setting out what the violations were. Every one of the violations we have had sight of are bogus charges demonstrating an inability by officials to understand diving operations and even the ability to read vessel monitoring system (VMS) reports.

Some 140 appeals were filed against these decisions and the Minister has failed the abalone divers and their communities and families by not deciding these appeals well before the end of the 2025 season. 

Dion George's conduct and that of his department is reprehensible. The amount of suffering and pain he has caused these fishing communities is inexcusable. 

And so much for DA governance and excellence. 

The Mindless of Irony of Refusing Small Scale Co-ops Access to Commercial Fishing Methods

On 22 August 2025, Minister Dion George denied a request by small-scale fishing co-operatives to be permitted to use commercial fishing methods (trawling, long lining & purse seining) to harvest fishing rights allocated to the co-operatives. 

Essentially, the small-scale co-ops are saying that fishing rights allocated to the co-ops - such as hake hand line quotas - are of zero value because they cant fish for hakes and small pelagics without access to trawl, long line and purse seine gear.

George is correct to deny the co-ops access to "commercial" fishing methods as it would indeed contradict the legal basis for establishing the small-scale fishing sector and the co-operative system. 

But the decision of course points to 2 fundamental contradictions and policy failures:

The first is that his department has unlawfully insisted on allocating a portion of the squid TAE to co-ops in the Eastern Cape, thus effectively granting them access to the very commercial gear he is denying these co-operatives that predominantly operate in the Western Cape. So George and his department have adopted one set of rules for the Eastern Cape Co-ops and another for the Western Cape. And those Eastern Cape squid co-ops are nothing more than paper quotas and extortionists threatening squid operations and only seeking vast rents to purchase fancy cars. 

The second is that the co-ops are doomed to failure because they were created exclusively for the ANC to buy votes in the Eastern and Western Capes using fisheries resources as a social grant. We have repeatedly stated this. The application by the co-ops and the response from George both unequivocally confirm the failure of the co-op system and also confirm that they exist despite the fact that they are not economically sustainable; they cannot sustainably access nearshore fisheries resources; they are nothing more than a rent-seeking class of random people allocated fishing quotas worth nothing more than a social grant. 

The DA when in opposition correctly opposed the institution of the co-op system for these very reasons. Honestly, I dont see Dion George having the courage and leadership abilities to dismantle this system of patronage and economic failure in fisheries management. 

DDG OF FISHERIES TO RETIRE ON 1 DECEMBER 2025

It was announced late last week that Sue Middleton - the DDG for SA Fisheries - will retire effective 1 December 2025. 

And, as is traditional in South Africa when a public official retires or dies, the person is eulogized regardless of any reality. Facts are shelved and mythology is born! 

FISHSA put out a bootlicking statement listing her "achievements". The farce is that none of the members of FISHSA actually believe the nonsense because they tell me that over coffee and in the corridors! 

Consider this public statement issued on behalf of Minister Dion George by his current chief of staff. This is the current Fisheries Minister's opinion of Middleton and her leadership of the fisheries department. Some paragraphs are worth quoting: 

"Fishing rights allocations and fisheries management under previous ANC ministers have been a constant source of strife and suffering for coastal communities...

Many of the commercial rights allocations (and non-allocations) in the previous parliament have been challenged successfully in court at great expense and embarrassment to the Department, exposing the mismanagement and poor administration...

Fisheries management in South Africa has been generally poor, with corruption endemic among officials and compliance and enforcement previously lacking...Many of our most important fish stocks are in serious decline with some at alarmingly low levels already.

Poaching continues to be a huge problem with local and international criminal syndicates plundering sensitive species such as West Coast rock lobster and abalone..."

Ms Middleton has either been a part of, chaired, or led every fisheries rights allocation process since 2013. And every one has been a tragic failure. 

The 2013 allocation process was mired in corruption, requiring an ANC Minister to intervene and effectively re-do every allocation process and abandon the allocation of fishing rights in the abalone, oyster and mussel sectors. The Public Protector produced this report, which concluded as follows: 

"6.2. The evidence received during the investigation indicates that, following widespread allegations of irregularities, manipulation, unlawful or arbitrary decision-making and unprocedural conduct in connection with the FRAP 2013 process, which was followed by a urgent application launched by the Traditional Line Fishers Association before the High Court seeking a relief to set aside the allocation of fishing rights in the Traditional Line Fish Sector, the former Minister commissioned Harris Nupen Molebatsi Attorneys to conduct an independent audit with a view to determine whether proper processes were followed in the allocation of fishing licences and rights by the DAFF.

6.3 The evidence further indicates that, upon his appointment as the Minister of Minister of Agriculture, Forestry and Fisheries, Mr Senzeni Zokwana appointed Emang Basadi Legal and Forensics (Pty) Ltd to review and assess the DAFF’s capacity to work and process the FRAP during 2015/2016, with a view to prevent the recurrence of the shortcomings of FRAP 2013, identified by Harris Nupen Molebatsi Attorneys.

6.4 Additionally, the evidence received during the investigation indicates that the South African Police Service’s Directorate for Priority Crimes Investigation has since investigated two (2) corruption cases against Mr Desmond Stevens, the senior Fisheries official who was directly involved in the 2013 FRAP rollout."

Despite the widespread documented evidence of corruption against Stevens and other officials, none were ever prosecuted or even dismissed. 

The 2016 allocation process, which Middleton chaired, was so unlawful that every significant decision taken in the hake inshore trawl and horse mackerel fishing sectors was reviewed and set aside repeatedly, even requiring the unprecedented step of Minister Creecy having to "self-review" her own hake inshore trawl decisions last year because they were so patently unlawful. Litigation in the horse mackerel fishing sector continues to this day - 8 years after fishing rights were first allocated. 

The 2022 fishing rights allocation process remains another legacy of failure for Middleton. Over 120 individual fishing rights allocation decisions have been reviewed and set aside - a record in the history of fisheries (MIS)management. No previous fishing rights allocation process has had such a record of judicial review.  Simply Google "Frap 2022, Failure" and the internet will tell you how bad it's been. But here are just two quick links. Here and Here. It was in fact so bad, Carte Blanche intervened - see Cart Blanche here.

The administration of the fisheries branch itself is an embarrassing mess. Fishing permit application processes remain stuck in the early 2000's requiring email or hard copy applications. Corruption remains endemic. Fisheries compliance is an absolute failure. The department cannot even conduct its own trawl and pelagic surveys as vessels are broken or there are no funds to pay for the research. In the abalone fishing sector, where we lose 4,000 tons to poaching which, itself funds the massive gang-led drug trade in the Western Cape (And associated Cape Flats gun violence), the department has not conducted a single biological survey since 2018 and its staff remain heavily implicated in corruption linked to confiscated abalone. 

Not a single one of the (brief) targets set out in the NDP have been achieved. The commercial fisheries economy is stagnant at best. In 2004, there were 22 viable and productive fishing sectors with funded plans to open a total of 12 additional fisheries over 4 years. Today, that number has collapsed to 12 or 13 at best and not a single new or additional commercial fishery has been opened since 2004. Instead, 1000's of "small-scale" fishers have been added to the fishery. They are nothing more than a tax to the actual commercial fisheries because these small-scale co-operatives have been an unmitigated failure, only seeking rents from existing operators to fund the purchase of fancy cars and clothes. 

It certainly would be more helpful for the future of fisheries management if FISH SA provided an honest assessment of the state of fisheries instead of bootlicking. 

Minister George Continues to Starve Abalone Divers: An Urgent Open Letter to the Minister

This is an urgent letter issued to Minister George this morning regarding his department's ongoing unlawful attack against abalone divers. A department that has been greatly implicated in abalone-related corruption and collusion with organised criminals in the abalone trading space. 

Is Minister George just a confused deer staring into the headlights of ANC corruption or does he have any inclination to make any changes at DFFE? 

The open letter follows: 

"URGENT

The Minister of Forestry, Fisheries & Environment

Dr Dion George, MP

Minister,

Between April and late June 2025, the Deputy Director General of the Fisheries Management Branch issued a plethora of individual decisions in terms of section 81 of the MLRA recording that she refused to issue exemptions to historic abalone divers on the basis that these divers committed certain violations of the MLRA. Your department has not preferred any criminal charges against any of these divers.

It is now known that the DDG lacked the legal authority to act in terms of section 81 as you had withdrawn the delegations of authority that were originally issued by your predecessors that empowered the DDG to make decisions in terms of section 81 of the MLRA.

The issuance of the individual notification/decision letters by the DDG between April 2025 and late June 2025 are thus unlawful. Accordingly the more than 100 appeals that are presently before you for decision are thus a nullity and have been filed as a consequence of an unlawful and ultra vires series of hundreds of decisions by the DDG. 

The unlawful conduct by the DDG has not only resulted in 100s of small-scale abalone divers being unlawfully denied an income but it forced these divers to incur completely avoidable costs preparing and filing appeals and attending completely unlawful and unnecessary “verification meetings”. 

The conduct of an official who has willfully acted without legal mandate causing such egregious social and economic harm to hundreds of people must attract urgent and significant consequences. 

We accordingly urgently require your intervention in this significantly damaging socio-economic fiasco caused by your department affecting 179 historic abalone divers. The deplorable conduct by your department, which has denied small-scale abalone fishers untold suffering, loss of income, public shame for being named as being poachers by your department without any evidence in this regard (and certainly no criminal convictions - let alone any charges) requires urgent remediation. 

We await your urgent response advising as to how you intend halting the unlawful conduct faced by abalone divers."

IMPORTANT: CHANGES TO DELEGATIONS OF AUTHORITY UNDER THE MLRA

Feike has seen correspondence dated from December 2024 confirming that Minister Dion George had in fact revoked the authority of the DDG to decide exemption applications in terms of section 81 of the MLRA. We are trying to obtain confirmation from Minister George when in fact he had revoked this authority. 

On 31 March 2025, a new set of delegations was issued by Minister George, confirming that he retains the sole power to decide any exemption application. 

There are a number of significant changes to the delegations, including concerning section 28 matters. 

We are also aware that despite these changes, the DDG had continued to issue decisions in terms of section 81 of the MLRA. 

Members of the fishing industry are urgently advised to study any recent decisions (from approximately August 2024) taken in terms of section 28 or section 81 of the MLRA and see who took those decisions. If the decisions were taken by the DDG, it is extremely likely that these decisions had been taken unlawfully and those decisions would be reviewable. 

A copy of the current set of delegations is available on request.

12 Months of a DA Fisheries Minister: What's Different?

12 months ago, South Africa saw the appointment of its first fisheries minister from the opposition Democratic Alliance party as a consequence of the formation of the Government of National Unity (GNU). 

Admittedly, there was a substantial amount of hope that the decades of mismanagement, bad policy, destructive fisheries management and corruption at the Fisheries Management Branch located at Foretrust Building, Foreshore, Cape Town would come to an end. 

That hope was not blind hope. It was based on the fact that while in opposition, the DA had espoused the type of policies and action needed that would certainly see the rapid righting of the rotten fisheries ship that is the Fisheries Management Branch. 

12 months later and that hope has been dashed as the DAs Dion George has actually just continued with the same bad policies and incompetent / corrupt staff that he inherited from his ANC predecessors. In fact, George has been doubling down and issuing even worse decisions and proposing appalling policies (draft transfer and FPE policies). 

In January 2025, his DDG summarily decided to terminate 178 abalone exemptions and deny these divers the right to export the previous season's quota because of apparent findings of criminality by these abalone divers. The decisions were taken without first consulting with any diver or even attempting to understand how the sector operated. Moreover, his department simply refused to explain the grounds for the apparent criminal findings, which later morphed into allegations and then later allegations subject to "verification". 

Only in late April and May after some 113 divers filed an application for relief against these unlawful decisions did George's department start issuing "notices" alleging the apparent criminal violations. And almost all of these are just nonsense and an indication that his staff decided to starve 178 exemption holders on absolutely spurious grounds. 

The same corrupt and incompetent staff that happily ran riot during Creecy and Joemat-Pettersson's terms remain employed. 

The same weak, unnecessary and costly administrative systems remain in place. (Cf for example what George's colleague at Home Affairs has achieved with respect to corruption, inept staff and systems).

What we have seen George do plenty of, is travel to international conferences and cut ribbons. 

Other than signing the High Seas Treaty (which is of significant importance), George has not done anything substantively important to fix fisheries. When he has addressed fisheries management, he has simply read from the ANC's playbook about "fishing rights for all" and more fishing rights to small-scale fishing co-ops which are proven failures from Port Nolloth to KZN. 

He has not done anything to expose the corrupt processes for the sale of confiscated fish (read lobsters and abalone) to daylight and scrutiny (which is what every DA shadow minister since Pieter van Dalen demanded happen).

He has not overhauled the corrupt and incredibly disastrous fisheries control and compliance units. He's staff continue to harass commercial fishing skipper's and hinder their operations with "bribe-seeking" fines. 

Critically, he has not led from the front and 12 months after his appointment, he has not addressed the South African fishing industry and set out his vision, goals and targets. 

SA commercial fisheries is in a state of collapse due to a decade-plus of mismanagement and institutional corruption. Back in 2004, there were 22 functional and well-managed fisheries with some 3000 commercial (800) and small-scale commercial fishing right holders (2200). Today, there is no more than 13 functional fisheries and who knows how many "right holders" - we dont know because the department refuses to publish rights registers especially in the small-scale co-op sector. 

George had the perfect opportunity to up-end this mismanagement and regression and focus on growing fisheries and collaboration of the SA fishing industry. 

George appears happy to be led by the nose by the same staff who advised Creecy and have overseen the current state of fisheries management. 

What is Going on with Fisheries Control? Do Not Pay Those Fines!

 What is going on with fisheries control, Minister George? Your FCO's are randomly issuing fines to skippers of fishing vessels demanding they pay "admission of guilt fines" for the most mundane non-existent issues. 

FCO's are supposed to foster a relationship of co-operation with the fishing industry as opposed to creating a hostile environment where it appears that FCO's are out looking for bribes. What else could explain why FCO's are issuing fines in cases where a tuna pole vessel's newly painted lettering mistakenly reads "TB" as opposed to "TP"? 

Or issuing a fine to a tuna long line vessel because it has wooden bamboo poles on board because the FCO does not know that bamboo poles are also used to gaff tuna caught by long line to be brought safely on board the vessel? (Not to mention that the tuna long line conditions do not contain a definition of what is "tuna long line gear" and there is no criminal prohibition for having fishing gear from another fishery on board a long line vessel).

There are dozens and dozens of cases where skippers are issued these J534 notices and told that they must "sign" the fines and pay the admission of guilt fines. 

Our advice is: You dont have to sign any fine and any threat by an FCO should you not sign is unlawful. And do not consent to the payment of admission of guilt fines as these admissions admit to criminal guilt and can affect future fishing right and permit applications.

Once the fine is issued, consult with a lawyer and have the lawyer prepare representations to the senior prosecutor of the court concerned for cancellation of the fine. 

There has not been a single fine issued to date that we have seen or assisted with that has not been quashed by a senior prosecutor. And this includes dozens of fines issued to abalone divers listed as "category 2" offenders. It is noteworthy that after various prosecutors and magistrates threw these matters out, the Minister actually had the fines issued in the jurisdiction of other courts in a desperate attempt at "forum shopping". 

Just yesterday, the Cape Town Magistrates Court cancelled a fine issued to a boat owner because "its VMS was not functioning" despite the fact that the VMS was in fact reporting. The Department's VMS receivers are either so outdated or simply dysfunctional that the department is in fact at fault and not vessel owners who are now being issued fines. 

Do not pay these fines and do not admit guilt.