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Fishing exemption order extended

Cape Town - Commercial line fishermen, who were unsuccessful in their applications for new rights, can continue fishing for now, the Western Cape High Court ordered on Thursday.

Judge Daniel Dlodlo extended the two-month exemption granted by the same court in February until there had been a full legal review of the 2013 linefish rights allocation process.

The SA Commercial Linefish Association (Sacla) took Fisheries Minister Tina Joemat-Pettersson and her former acting deputy director general Desmond Stevens to court after only 115 previous rights holders were included among 215 new line fishing rights allocated.

All 215 fishermen are listed as respondents.

Rights in various fishing sectors were previously assigned in 2005 and expired at the end of last year.

Unfairly treated

Those who were unsuccessful in the latest rights allocation process complained to the department that they had been unfairly treated by its decision.

The Sacla seeks to have the department's decision reviewed on the grounds that it failed to distinguish between new and existing applicants, did not give sufficient reasons, conducted the process unfairly, and lacked authority.

It also objected to the publication of a revised general policy and a sector specific policy on the basis that there was no public consultation and that Joemat-Pettersson lacked the constitutional authority to publish the policies. It seeks to have these policies reviewed and set aside.

Parallel to proceedings in court, Joemat-Pettersson extended the appeals process until the end of this month and appointed an independent law firm to advise her on the process.

She said the firm would undertake an urgent independent audit of the rights allocation process to ensure it complied with all relevant policies and legislation.

DA welcomes court order

The Democratic Alliance on Thursday welcomed the exemption.

DA fisheries spokesperson and MP Pieter van Dalen said the "apparent bungling" of the fisheries department's rights allocation process for 2013 had left thousands of previous rights holders unable to provide for their families.

"This court order is a great victory for our poor fishermen and will go a long way to save our fishermen’s livelihoods and prevent them from joining the ranks of the millions of South Africans who are unemployed."

Van Dalen said the DA believed fishing quotas should be allocated to individuals to avoid fronting and abuse.

"However, should a fishing community wish to have quotas amalgamated into a co-operative, this should also be recognised," he said.

"Small-scale fishers must be allocated quotas in the vicinity where they live based on the internationally accepted territorial user rights fishing system so as to encourage responsible fishing and to reduce poaching."

He said small-scale fishing quotas should be allocated on a long-term to encourage "ownership" of fishing stocks and reduce uncertainty.

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