Environment, Forestry and Fisheries Minister asks the Cape High Court to review small-scale fishing rights process in Western Cape

Environment, Forestry and Fisheries Minister Barbara Creecy has filed an application at the Cape High Court to review and set aside the process of awarding small-scale fishing rights in the Western Cape.

Based on legal advice, the Minister seeks to review of the entire process of those who originally applied for all Western Cape communities.

The Minister’s decision to approach the courts follows the verification process for small-scale fishers in the Western Cape following multiple complaints from community members about the fairness and accuracy of the process.

The internal audit process was launched in 2019, and concluded that the verification process was “wholly inadequate”, and that the “results of these assessments cannot and should not be relied on for any decision making purpose in terms of the Regulations.”

Among the errors identified were problems such as the inaccurate capturing of information and the incorrect adjudication of applications by community panels. There was inconsistent application of criteria between communities, an incorrect and incoherent application and appeals process as well as incomplete and inaccurate data, including lost applications.



Minister Creecy vs various small-scale fishers and fishing communities 

The facts described in this affidavit fall within my personal knowledge, unless I state otherwise, or the context makes it clear that they do not. The facts are to the best of my knowledge true and correct.


Related documents:

Annexure A: founding affidavit
Annexure BD page 184-188 
Annexures BC 1-3 page 189 -261
Verification report: Ad hoc project BC 4-6  page 262-308


Green Economy for Sustainable Development Evidence Framework




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