Fisher and Another v President of the Republic of South Africa and Another (15572 / 2007) [2008] ZAWCHC 18; [2008] 4 All SA 189 (C) (20 March 2008)

Fisher and Another v President of the Republic of South Africa and Another (15572 / 2007) [2008] ZAWCHC 18; [2008] 4 All SA 189 (C) (20 March 2008)

The court found that the Minister's decision to suspend commercial abalone fishing was a reasonable exercise of emergency powers under section 16 of the Marine Living Resources Act. The evidence established that the abalone fishery was in a state of emergency due to drastic stock declines from poaching and ecological changes. The decision-making process was thorough, sequential, and based on expert scientific advice. The applicants failed to provide independent scientific evidence to challenge the existence of an emergency or the validity of the Minister's actions. The court held that the Minister's powers included indefinite suspension and that the decision was not irrational, arbitrary,...

Citation
[2008] ZAWCHC 18
Parties
Applicant: Oscar Delmore Fisher; Applicant: South African Abalone Industry Association; Respondent: President of the Republic of South Africa; Respondent: Minister of Environmental Affairs and Tourism
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 March 2008
Case Number
15572 / 2007
Procedural Posture
Review Application / Final Judgment After Review of Administrative Action
Outcome
Application dismissed; costs awarded to respondents from 23 November 2007 onwards, including costs of two counsel.
Judges
Bozalek
Legal Topics
Promotion of Administrative Justice Act, Marine Living Resources Act, Emergency Measures, Judicial Review, Total Allowable Catch, Ministerial Discretion
Administrative Law Environmental Law Promotion of Administrative Justice Act Marine Living Resources Act Emergency Measures Judicial Review Total Allowable Catch Ministerial Discretion

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Parties

Oscar Delmore Fisher

Applicant

South African Abalone Industry Association

Applicant

President of the Republic of South Africa

Respondent

Minister of Environmental Affairs and Tourism

Respondent

Procedural Posture

Review Application / Final Judgment After Review of Administrative Action

Legal Issues

  1. 1 Whether the Minister's decision to suspend commercial abalone fishing constituted a valid exercise of emergency powers under section 16 of the Marine Living Resources Act.
  2. 2 Whether the state of the abalone fishery amounted to an 'emergency' justifying indefinite suspension.
  3. 3 Whether the decision-making process was procedurally fair and based on relevant scientific advice.

Ratio Decidendi

The court found that the Minister's decision to suspend commercial abalone fishing was a reasonable exercise of emergency powers under section 16 of the Marine Living Resources Act. The evidence established that the abalone fishery was in a state of emergency due to drastic stock declines from poaching and ecological changes. The decision-making process was thorough, sequential, and based on expert scientific advice. The applicants failed to provide independent scientific evidence to challenge the existence of an emergency or the validity of the Minister's actions. The court held that the Minister's powers included indefinite suspension and that the decision was not irrational, arbitrary,...

Court Disposition

Application dismissed; costs awarded to respondents from 23 November 2007 onwards, including costs of two counsel.

Orders

  • The application is dismissed.
  • Respondents are awarded costs with effect from 23 November 2007 onwards, including the costs of two counsel.