Cape Town - The Buffeljagsbaai fishing community's Marine Company has celebrated a victory after winning an appeal and interdict against the Minister of Forestry, Fisheries and the Environment (DFFE) decision to allocate small-scale fishing rights in respect of seaweed to Buffeljagsbaai Sea Whale Primary Co-operative Limited.
This week, the Ministry confirmed that Buffeljagsbaai Marine Company (Pty) Ltd (BMC) had applied for an urgent interdict application against the Minister and two others, namely the DFFE and Buffeljagsbaai Sea Whale Primary Co-operative Limited.
The Cape High Court's Judge Derek Willie ordered that BMC be allowed to harvest seaweed following a decision in November 2023 by DFFE to award the rights to the third respondent, Buffeljagsbaai Sea Whale Primary Co-operative Limited.
In their 29-page response affidavit, the third respondent said since the date of the permit, they had harvested and sold 243 tons of kelp at a turnover of some R741 775, while the applicant had also harvested, processed and exported dry kelp.
In August 2023, BMC brought an application to the court to review the minister’s decision not to grant its appeal for a seaweed fishing right.
And on November 13, 2023, the Department announced that small-scale fishing rights were granted across the Western Cape for a period of 15 years
On December 12, 2023, the applicant (BMC) lodged its appeal against Ministry’s decision to allocate a small scale fishing right to the third respondent and on January 17 2024, BMC applied for an annual permit to continue seaweed harvesting.
Two weeks ago, BMC saw a victory via the court’s decision to allow them to harvest seaweed.
Gerhard Snow, legal representative for BMC and CMD industries who is affiliated with BMC, company’s harvest and distribution said it was a victory for the fishing community.
“BMC had their commercial permit taken away and it was small-scale fishing which represented the broader community, which they benefited from. Late last year the Minister gave rights to a different group and not the whole community.
“This is the constitutional right and they cannot deprive a community their right. As it was said, it was a political decision when the right was given to the third respondent and the State acknowledged this,” he said.
“They want to use State funds and resources to fight matters in litigation.”
Allistaire October of CMD industries, which is affiliated with BMC, said it was a victory for the community as they would now begin to see profits and rights for the community.
Cedric Zietsman, one of the locals of Buffeljagbaai said the proceeds of BMC had funded their community for years.
“The proceeds are given to the schools and each household would receive a food voucher for example,” he said.
“Since the decision was made, we have not seen a cent.”
Peter Mbelengwa of the Minister’s office said as the matter had been before court they could not comment much but that they were reviewing the order made.
“This urgent interdict follows a review application lodged by BMC against the decision by the minister to refuse the application of BMC for a commercial fishing right in the seaweed sector,” he said.
“The Department is currently studying the order granted, and internal deliberations are taking place and thereafter the Department will consult with the Office of the State Attorney.
“Therefore, no comments will be made by the Department on the merits of the court application.”