Major decision to review FRAP appeals could lead to instability

Minister to test predecessor’s decisions in court

SOUTH AFRICA: The Department of Forestry, Fisheries and Environment’s (DFFE) unusual decision to review the previous Minister’s appeal decisions, which was announced as “unprecedented” in a statement issued on Friday, has been met with mixed responses.

Minister Dion George announced his intention to approach the court to review and set aside the appeal decisions associated with the small pelagic sector under the previous minister, Barbara Creecy.

“I recognise that approaching the courts through a self-review application is a significant and unusual step, but given the circumstances, it is the only viable remedy to uphold the integrity of the process and protect our marine resources,” said Minister George, who sees this as a necessary step to “rescore” the process.

A statement issued by the DFFE notes that “the Minister has determined that a fair and reasonable outcome cannot be achieved without correcting the errors of the Delegated Authority”. It also confirms that the department has undertaken the necessary “administrative and consultative processes”.

“I am firmly committed to making decisions that are not only fair and just, but also grounded in the protection of our marine resources,” added Minister George. “My priority is to ensure that every step taken reflects integrity, transparency, and a genuine effort to arrive at the correct outcome for all stakeholders involved.”

Creating turmoil

The announcement, however, has drawn some critical assessment from Shaheen Moolla of Feike Management, who believes that the decision will create turmoil in the sector.

“It is a repeat of the catastrophic decision-making processes that plagued the 2016 fishing rights allocations in the hake inshore trawl and horse mackerel fisheries. In both fisheries, the Minister sought to self-review her own incredulously bad and unlawful decisions,” Moolla writes on his blog, calling the decision, “the definition of insanity”.

A commentator on Facebook suggests that the review is “too little too late” and that previous process destroyed a sector with impunity.

Noting the vagueness of the DFFE’s statement, Moolla points out that the DFFE has not committed to a timetable. Although Minister George has confirmed that the allocation of rights and TAC as outlined in the Appeal GPR will remain in full force and effect while the process is undertaken, Moolla is concerned that not enough has been done to avoid destabilising the sector.

In his blog he urges the Minister to ensure that the self-review application is filed by mid-November at the latest and to immediately plan a fresh reallocation process that addresses the shortfalls of the previous method and is ready for implementation once the self-review begins.   

In August the department announced that all permits that were due to expire at the end of the month would be extended until the end of October, with a commitment to keep rightsholders informed of developments. It is, therefore, not surprising to see another statement issued by the DFFE at this time.

This latest decision, however, by the Minister may not live up to his commitment in August to “build certainty” for fishing communities in this sector.

According to the South African Pelagic Fishing Industry Association (SAPFIA), the sector contributes R5.5 billion in sales to the South African economy, and 34% of the total value of sales is generated through exports.

It is clear that the self-review will have an impact on current rights holders and shows that Minister George has clear concerns about the legality and fairness of past decisions.

 PHOTO: A pelagic fishing boat in South Africa. (Source: Adobe Photo Stock Licence)

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