New fishing rights allocation process needed
The DA will today call for the fishing rights allocation process to be started from scratch.
This follows allegations by a legal expert that the score-sheets used by the Department of Agriculture, Forestry and Fisheries to award fishing rights reveal a "blatant arbitrariness and unlawfulness of the process" (see M&G Online story).
According to a legal expert there does not appear to have been any evaluation of applications for compliance with any of the peremptory criteria contained in the Mineral Living Resources Act (MLRA) and other fisheries policies. I have also analysed some of the score sheets and confirmed these irregularities.
Since the DA's calls for an urgent interim measure last week, fishermen have been permitted to return to sea provided they apply for an exemption to do so. The Department agreed to this measure in order to allow for denied applicants to appeal the decision. This means that there is a high possibility that most appeals may not succeed. Furthermore, only 10 licences have been reserved for appeal processes, with more than 180 possible appeals. This interim measure is not a final solution especially as appeals are based on a flawed process. The more permanent solution required is for the allocation process to be redone from scratch.
The DA has already submitted an application in terms of the Promotion of Access to Information Act (PAIA) for access to all the records of score sheets from the Department of Fisheries. We have also called for the Public Protector, Adv Thuli Madonsela to investigate the process followed by the Department of Agriculture, Forestry and Fisheries in awarding of fishing rights.
Pending Adv Madonsela's assessment of the grounds for her office's investigation, the Minister of Agriculture, Forestry and Fisheries, Tina Joemat-Pettersson should start the process of the awarding of fishing rights afresh. The process must be carried in an open and transparent manner and legal and policy requirement followed to the letter.
In the meantime, fishermen must be allowed to retain their old permits and use these alongside their already granted exemptions to continue their trade.
The livelihood of our fishing communities are at stake. Minister Joemat-Pettersson has an opportunity to now fix her mistakes and secure the livelihoods of our fishing communities. We hope she will utilise this opportunity.
Statement issued by Pieter van Dalen MP, DA Shadow Deputy Minister of Agriculture, Forestry and Fisheries, January 17 2014
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