Oceana Group Ltd and Another v Minister of Water & Environmental Affairs and Others (507/11) [2012] ZASCA 35; [2012] 2 All SA 602 (SCA) (29 March 2012)

Oceana Group Ltd and Another v Minister of Water & Environmental Affairs and Others (507/11) [2012] ZASCA 35; [2012] 2 All SA 602 (SCA) (29 March 2012)

The Supreme Court of Appeal held that the Transfer Policy for the transfer of commercial fishing rights was not unlawful for failing to strictly apply the Broad-Based Black Economic Empowerment Act and its codes of good practice, as there was no relevant code applicable to the statutory authorisation of fishing rights. The TP was found to be consistent with the objectives and principles of the Marine Living Resources Act, including transformation and sustainable development. The challenged paragraphs of the TP were not ultra vires the MLRA, as the Minister has discretion to regulate transfers and changes in control to ensure transformation objectives are met. The application was premature...

Citation
[2012] ZASCA 35
Parties
Appellant: Oceana Group Limited; Appellant: Blue Continent Products (Pty) Ltd; Respondent: Minister of Water and Environmental Affairs; Respondent: Deputy Director-General: Marine and Coastal Management, Department of Water and Environmental Affairs; Respondent: Minister of Trade and Industry; Respondent: Minister of Agriculture, Fisheries and Forestry
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 2012
Case Number
507/11
Procedural Posture
Civil Appeal / Appeal From Western Cape High Court, Cape Town
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
NAVSA, VAN HEERDEN, MHLANTLA, LEACH, WALLIS
Legal Topics
Marine Living Resources Act, Broad Based Black Economic Empowerment, Policy Review, Ultra Vires, Administrative Action, Transformation Objectives
Administrative Law Environmental Law Commercial and Corporate Marine Living Resources Act Broad Based Black Economic Empowerment Policy Review Ultra Vires Administrative Action +1 more

Case Brief

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Parties

Oceana Group Limited

Appellant

Blue Continent Products (Pty) Ltd

Appellant

Minister of Water and Environmental Affairs

Respondent

Deputy Director-General: Marine and Coastal Management, Department of Water and Environmental Affairs

Respondent

Minister of Trade and Industry

Respondent

Minister of Agriculture, Fisheries and Forestry

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape High Court, Cape Town

Legal Issues

  1. 1 Whether the Transfer Policy for commercial fishing rights is unlawful for failing to strictly apply the Broad-Based Black Economic Empowerment Act and its codes of good practice.
  2. 2 Whether the Transfer Policy is inconsistent with the objectives and principles of the Marine Living Resources Act.
  3. 3 Whether specific paragraphs of the Transfer Policy are ultra vires the Marine Living Resources Act.

Ratio Decidendi

The Supreme Court of Appeal held that the Transfer Policy for the transfer of commercial fishing rights was not unlawful for failing to strictly apply the Broad-Based Black Economic Empowerment Act and its codes of good practice, as there was no relevant code applicable to the statutory authorisation of fishing rights. The TP was found to be consistent with the objectives and principles of the Marine Living Resources Act, including transformation and sustainable development. The challenged paragraphs of the TP were not ultra vires the MLRA, as the Minister has discretion to regulate transfers and changes in control to ensure transformation objectives are met. The application was premature...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs including the costs attendant on the employment of two counsel.