South Africa Case Law

Foodcorp (Pty) Ltd v Deputy Director General: Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management and Others (87/2004)

Foodcorp (Pty) Ltd v Deputy Director General: Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management and Others (87/2004) [2004] ZASCA 100; [2005] 1 All SA 531 (SCA); 2006 (2) SA 191 (SCA) (19 November 2004)

Court

Supreme Court of Appeal

Case number

87/2004

Judges

Harms, Scott, Brand, Erasmus, Jafta

The Supreme Court of Appeal set aside pelagic fishing quota allocations for 2005 after finding the formula was applied mechanically and produced irrational results.

• Promotion Of Administrative Justice Act
• Allocation Of Fishing Quotas
• Irrationality Of Administrative Action
• Ministerial Discretion
• Marine Living Resources Act
• Administrative-law

Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others (CCT 27/03)

Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others (CCT 27/03) [2004] ZACC 15; 2004 (4) SA 490 (CC); 2004 (7) BCLR 687 (CC) (12 March 2004)

Court

Constitutional Court

Case number

CCT 27/03

Judges

O'Regan, Ngcobo, Chaskalson, Langa, Ackermann, Goldstone, Madala, Mokgoro, Moseneke, Sachs, Yacoob

The Constitutional Court held that the allocation of fishing quotas by the Chief Director constituted administrative action subject to review under PAJA and the Constitution. The Court found that the Chief Director had properly considered the transformation objectives set out in section 2(j) and 18(5) of the Marine Living Resources Act, and that the allocation process was rational, reasonable, and procedurally fair. The Court emphasised that transformation is a constitutional imperative but recognised the complexity of balancing transformation with stability and sustainability in the fishing…

Source excerpt

• Promotion Of Administrative Justice Act
• Judicial Review Of Administrative Action
• Allocation Of Fishing Quotas
• Transformation And Equity
• Statutory Interpretation
• Bill Of Rights Limitation