A new fishing rights allocation process is under way in South Africa following the controversial scrapping of 2013’s flawed undertaking, which resulted in a host of fishers deprived of the right to earn a living at sea.
In the 21 years of democracy, the allocation of fishing rights has been controversial as the government sought to achieve a fairer reallocation of rights from the pre-1994 mostly white companies, to a more representative selection of small commercial fishers.
In 2005, fisheries management issued 455 traditional line fishing licences. But the allocation in 2013 cut this number to 205, leaving many boat owners without licences and thousands of crew without boats on which to work. About 100 of the 205 licences were given to new, unknown entrants to the industry.
In May last year, former agriculture, forestry and fisheries minister Tina Joemat-Pettersson scrapped the 2013 rights allocation after an independent audit found that the process was flawed, making the minister vulnerable to a legal challenge. Her decision came after the South African Commercial Linefish Association (Sacla), made up of small commercial fishermen, challenged the 2013 allocations and sought to have the rights-allocation process reviewed and set aside.
Ms Joemat-Pettersson’s legal team advised her that the flaws identified in the audit could not be rectified through the appeals process and could also not be defended in court.
She said that those who had been granted licences could continue fishing while those who were excluded could apply for exemptions to allow them to continue fishing.
At the time, Sacla chairman Wally Croome said: “It’s good news that the minister’s admitting it (the rights allocation process) was wrong. There’s no way she would have gone to court against us. She did not do this out of the goodness of her heart, she was forced to. I hope the Department of Agriculture, Forestry and Fisheries has learnt its lesson.”
Fisheries management consultant and Sacla legal adviser Shaheen Moolla says Ms Joemat-Pettersson would not have been able to defend 2013’s rights allocation under oath.
Now, after the release of draft policies for each of the fisheries in the country, the department has lauched a road show to inform fishers what the policies involve. The road show started in Cape Town this month and public meetings are being held in 54 coastal fishing communities.
Once it is completed, the policies will be finalised on the basis of submissions made and the applications process will begin.
Fisheries officials say that, in the interests of transformation, national demographics will be applied in the new allocation of licences. But this is, in some way, reminiscent of former Department of Labour director-general Jimmy Manyi’s assertion that there was an oversupply of coloureds in the Western Cape.
Western and Northern Cape fishers will fear that national demographics might disqualify some from getting licences, but will have taken some heart from fisheries chief director Sue Middleton’s statement that while anyone can apply for a licence to fish “experience and investment” will also be considered.
She acknowledges that one of the controversial areas will be getting the balance right between current rights holders and new entrants to the industry.
It was alleged during the 2013 process that a gangster had been awarded a line-fishing licence and that another had been captain of one of the fisheries department’s patrol boats.
Times Media (Pty) Ltd