Fisher and Another v President of the Republic of South Africa and Another (15572 / 2007)
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 Min…
Source excerpt
- Promotion Of Administrative Justice Act
- Marine Living Resources Act
- Emergency Measures
- Judicial Review
- Total Allowable Catch
- Ministerial Discretion