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The Department of Environment, Forestry and Fisheries continues to lurch toward yet another (albeit substantially greater) FRAP failure. Despite having ONLY had 15 years advance notice of the need to prepare for the 2020 fishing rights allocation process, we are witnessing an increasingly rapid march toward FRAP failure.  As is the normal ANC refrain on failure, the reason for the current FRAP delay (unlawful as we have pointed out repeatedly on these pages here , for example) is the failures of the previous crop of apparently corrupt and inept cadres. In this case, we are told by Minister Creecy and her coterie of cadres, it was Minister Zokwana and his DDG of Fisheries, Ms Siphokazi Ndudane. And before them of course, failure was attributed to the eternally corrupt Tina Joemat-Pettersson, Desmond Stevens (still employed by DEFF despite his legendary corruption, failure and incompetence) and his lackeys. And so the ANC blame shuffle will continue.  But we digress. FRAP 2020 o...

 We have been advised that persons pretending to be consultants / advisers in the fishing industry are trying to convince applicants to "structure" their businesses to apparently meet departmental requirements for the allocation of fishing rights. The apparent "structure" is supposed to promote "BBBEE" and requires applicants to have the following representation:  92% women 31% youth (under 35 years) 72% black African  1 disabled if possible Names  ID’s  Addresses Directors: 3 women, (2 black) And apparently, it comes on the advice of Feike or myself (Shaheen Moolla). This is false.  Firstly, neither the department nor the Minister of Environment, Forestry and Fisheries has yet issued any criteria or requirements for the upcoming rights allocation process.  Secondly, to require such racial and gender representation (which has admittedly been previously mooted by this department) would be challenged as it would only promote fronting, the abuse of people...

South Africa has been subject to an increasingly unlawful and irrational harsh lockdown since 27 March 2020. We have been subjected to incredibly bizarre and irrational lockdown provisions, which have severely affected the fishing industry, including its largest component, the recreational fishing industry.  Recreational fishing has not been permitted under lockdown level 5 (27 March - 30 April 2020) and continues to be banned under lockdown level 4 (1 May 2020 - current). The basis of that decision is recorded in a directive dated 14 May 2020 issued by the Minister of Environment, Forestry and Fisheries. She records that -  " Given the health risks associated with COVID-19 and in alignment with the restrictions already implemented for public recreational activities in terms of the Regulations, recreational fishing is not allowed." This directive completely contradicts the framework regulations which implemented the Level 4 lockdown regulations which explicit...

If ever an appellate authority remained committed to repeating a comedy of errors, the Minister of Fisheries' repeated unlawful and irregular decision-making processes in the hake inshore trawl and sole fishing sectors are cases in point. Bad decisions in law and fact were made repeatedly since July 2017. The comedic errors are of course far from funny. These bad decisions simply annihilate any confidence left in the beleaguered fisheries regulator. They harm legitimate private capital interest in the sector. Instead, what we do see is an increase in illicit capital looking at ways to launder their cash and bribe their way to fishing rights.  These bad decisions have a profound negative impact on right holders trying to keep people employed and ensuring investments return a decent income.  The question is, given these multiple unlawful decisions, a multiplicity of review applications and adverse orders against the Fisheries Minister (the only hake inshore trawl fisher...

On 19 February 2020, the National Prosecuting Authority addressed correspondence to the Fisheries Branch seeking urgent clarification as to whether the Fisheries Branch has -  1. Ringfenced the US$7.45 million (±R111 million) that were repatriated by the Government of Jersey (United Kingdom) for the purpose of investing the monies for the singular objective of recovering depleted fish stocks, particularly West Coast rock lobster; and 2. Established the required Marine Living Resources Fund sub-accounts into which the repatriated funds would be transferred; and 3. Established the Project Implementation Committee, responsible for overseeing the implementation of the marine living resources recovery projects which would be funded by the "Bengis Funds".  The NPA reminded the Fisheries Branch that it has been more than 6 months since the Jersey Government had transferred these funds and the Governments of Jersey and the United States require an update as to whethe...

It is incredible! The Minister of Environment, Forestry and Fisheries has now apparently issued her appeal decisions which have been outstanding since August 2019 when Minister Zokwana's fourth set of decisions in the hake inshore trawl and sole fishery were reviewed and set aside by the Western Cape High Court. What is patently obvious is that we seem completely content to rely on appallingly bad legal advice. The extent of the illegality of this decision is actually quite breathtaking. In December 2018, Minister Zokwana decided to allocate a total of 36 hake inshore trawl and sole fishing rights. Of these, 17 were granted to existing or historic right holders. The remaining 19 rights were allocated to new entrants. Zokwana's decision in December 2018, followed an unlawful July 2017 decision which was reviewed and set aside on at least 3 separate occasions. These 19 new entrants had in the interim entered into various types of commitments to have their 15-year fishing righ...

In early August 2019, this Blog addressed the most recent set of Ministerial fishing rights appeal decisions set aside by a court of law. This was the fourth time a court of law reviewed and set aside appeal decisions in the hake inshore trawl fishery sector.  The Western Cape High Court unambiguously ruled in early August 2019 that -  1. The Minister's appeal decision of 10 July 2017 for the Hake Inshore Trawl Sector stands and is of full force and effect insofar as it establishes that Category A right-holders will share 70% and Category B and C right-holders will share 30% of the total allowable catch for the Hake Inshore Trawl fishery; 2. The First Respondent's appeal decision of 7 December 2018 is reviewed and set aside in its entirety; and the Category B and C appeals are remitted to the First Respondent for her to reconsider allocating 30% of the total allowable catch in the Hake Inshore Trawl fishery to these new entrants. The Minister has yet to even c...