Minister Tina Joemat-Pettersson on allocation of fishing rights

Announcement on allocation of fishing rights

Today the Minister of Agriculture, Forestry and Fisheries Tina Joemat-Pettersson held a press briefing where she made three key announcements on the fishing rights allocations process.

Below is the full statement:

In January I welcomed the allocation of fishing quotas by the Department, prior to the deadline of 31st December 2013. This is indeed an achievement that must be appreciated.

However since then I have spent a lot of time visiting coastal communities, especially here in the Western Cape. I have met many fishers who received rights for the first time, and they were ecstatic about what this would mean for their families and their communities. But I am sorry to report that there is also significant unhappiness regarding these allocations. Some of this should be expected – not everyone can get a quota, and there will be some who have lost out. There is also unhappiness about the size of the quotas which were allocated. Fishers are telling me that it is not sustainable and they are unable to make a living from it.

In total, we received 3 490 - applications for rights across all sectors, while only 593 of these could be approved. In the traditional linefish sector, there were 1566 applications, while only 215 could be approved.

The number and the size of the quotas were firstly based on scientific data and their recommendations to the Total Allowable Catch. Secondly in anticipation of the promulgation of the Marine Living Resources Amendment Bill, we have reserved some rights for cooperatives of small scale fishers in our coastal communities.

So there are many who applied and did not get quotas. They will protest, and they will encourage others to protest, in order to try and secure these valuable rights. But people must accept that that is the nature of rights over a limited resource, as we do our best to sustain our fishing stocks for future generations.

In the allocation of rights, we have made tremendous strides in changing the race and gender profile of the sector. More women are now rights holders (instead of being just bit players), and many people who have worked for years as fisherfolk have become holders of lucrative assets. This has been a deliberate strategy, and a necessary one. We will not apologise for the radical transformation of the sector, or deal with complaints about this. Our priority is to deracialise the economy and to address the challenges of unemplyment.

Among the complaints that I and others have heard there do seem to be legitimate concerns, either relating to poor administration of the applications, or questionable judgements by the delegated officials. I am not taking sides on this matter, or giving credence to what may just be allegations, but I do want to deal with these questions of propriety before I can consider any appeals that may be lodged. I cannot uphold or overturn a decision which may have been wrong in the first place. This is a caring government which seeks to address poverty and inequality. We listen to communities who can decide for themselves what is best. We are also a government which will not condone corruption of any sort, and all allegations that are made will be fully investigated. If there are breaches, the responsible officials will face the full might of the law.

The deadline for the submission of Appeals was Friday 21 February 2014. I am of the view that the Appeals Process needs to be reinforced and strengthened.

I therefore wish to make three important announcements:

Firstly, I have appointed the law firm Harris, Nupen, Molebatsi Attorneys to advise me on the appeals process. They will undertake an urgent independent audit of the rights allocation process to ensure it was compliant with all relevant policies and legislation. They have considerable experience in the fisheries sector, and, in the field of administrative law. They will commence work immediately. In addition, because of the urgency and size of the task, they have compiled a team to supplement their efforts. The highly respected Hailton Cheadle will be part of this team of independent lawyers and experts, and will help in advising me as to whether the process has indeed been fair and transparent. If there are problems identified, these will be assessed and appropriate steps will be taken to ensure that they are addressed.

The rights allocations process and appeals are different processes.

Secondly, in order to accommodate the Appeals of ALL those who wish to do so, I have agreed to extend the Appeals period by a further two months, to the end of April 2014. This will also mean an extension to the interim relief provided to those who previously held fishing rights.

I am committed to a clean administration. This government is one which listens to the voices of those affected, so we must allow for this audit to be completed before we finalise matters. If the process is found to be in order, we will have lost nothing, and gained enormous confidence in the integrity of the rights allocations. If errors are found, they will be corrected, so that we again restore the necessary confidence that is required for the sector to flourish.

Thirdly, the Department will embark on a listening exercise and communications campaign to ensure that all those who have grounds to appeal have an opportunity to speak to us directly before the new cut-off date, and in the proper way. I want to ensure that every South African citizen who applied for a fishing quota is accorded due respect and treatment, and has access to the same information and advice as any other applicant.

The Fishing Rights Allocations Process dedicated number is 021 402 3576. A dedicated email and postal address which people can use to make submissions or provide confidential information of any impropriety to this audit team will be published.

I will make a further announcement about the management of the appeals process nearer the new deadline date.

Thank you.

Media enquiries:
Palesa Mokomele
Spokesperson for the Minister of Agriculture, Forestry and Fisheries
Tel: 012 319 7876 (PTA) / 021 467 4502 (CPT)
Fax: 012 319 6681 (PTA) / 021 465 6550 (CPT)
Cell: 082 904 1908
Email: PalesaM@daff.gov.za
 

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