South Africa Case Law

Jaffas Bay Fishing CC v Minister of Forestry, Fisheries and the Environment and Others (7828/24)

Jaffas Bay Fishing CC v Minister of Forestry, Fisheries and the Environment and Others (7828/24) [2025] ZAWCHC 301 (16 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7828/24

Judge

Mantame

High Court review of a refusal to allocate sardine fishing rights succeeded because the Minister’s scoring of CSI contributions was opaque, irrational, and inadequately explained.

• Marine Living Resources Act
• Allocation Of Fishing Rights
• Judicial Review
• Reasonableness And Rationality
• Scoring Criteria
• Corporate Social Investment

Martins v S (A49/2019)

Martins v S (A49/2019) [2024] ZAWCHC 440 (17 December 2024)

Court

Western Cape High Court, Cape Town

Case number

A49/2019

Judge

Kholong AJ

Bail pending leave to appeal was refused after conviction and a 20-year sentence, with the court finding no compelling basis to interrupt the sentence.

• Bail Pending Appeal
• Prevention Of Organised Crime Act
• Marine Living Resources Act
• Drugs And Drug Trafficking Act
• Prospects Of Success On Appeal
• Onus In Bail Applications

Zhang v S (Bail Appeal) (A257/2024)

Zhang v S (Bail Appeal) (A257/2024) [2024] ZAWCHC 421 (12 December 2024)

Court

Western Cape High Court, Cape Town

Case number

A257/2024

Judge

M Sher

The High Court dismissed a bail appeal by a serial abalone offender, upheld bail cancellation, and referred prosecutorial conduct and a prior sentence re-suspension for investigation.

• Bail Cancellation
• Serial Offending
• Marine Living Resources Act
• Plea And Sentence Agreement
• Immigration Status
• Suspended Sentence

Buffeljagsbaai Marine Company (Pty) Ltd v Minister of Forestry Fisheries and the Environment and Others (7633.2022)

Buffeljagsbaai Marine Company (Pty) Ltd v Minister of Forestry Fisheries and the Environment and Others (7633.2022) [2024] ZAWCHC 258 (9 September 2024)

Court

Western Cape High Court, Cape Town

Case number

7633/2022

Judge

Wille

The court granted interim relief allowing the applicant to keep harvesting seaweed pending review and appeal, but refused to order further permits.

• Interim Interdict
• Administrative Appeal
• Marine Living Resources Act
• Constitutional Rights
• Separation Of Powers
• Interim-interdict

Gannet Works (Pty) Ltd and Others v Middleton Sue NO and Another (492/2023)

Gannet Works (Pty) Ltd and Others v Middleton Sue NO and Another (492/2023) [2024] ZASCA 112; 2024 (6) SA 57 (SCA); 2024 (2) SACR 588 (SCA) (16 July 2024)

Court

Supreme Court of Appeal

Case number

492/2023

Judges

Mokgohloa, Hughes, Meyer, Weiner, Coppin

The Supreme Court of Appeal held that the Marine Living Resources Act and its regulations not only specify the type of fishing activity but also the method to be used. The definition of 'angling' in the regulations, deemed included in the Act, requires recreational fishing by manually operating a rod, reel, and line. The use of remote-controlled motorised equipment such as drones falls outside the scope of 'manual operation' and is therefore not authorised for recreational angling. The public notice issued by the Deputy Director-General was a lawful clarification of the regulatory position an…

Source excerpt

• Marine Living Resources Act
• Statutory Interpretation
• Recreational Fishing Permits
• Definition Of Angling
• Administrative Notice
• Lawful Methods Of Fishing

Puffin Fishing CC and Another v Minister of Forestry Fisheries and the Enviroment and Others (11413/2023)

Puffin Fishing CC and Another v Minister of Forestry Fisheries and the Enviroment and Others (11413/2023) [2024] ZAWCHC 76 (11 March 2024)

Court

Western Cape High Court, Cape Town

Case number

11413/2023

Judge

J Cloete

The court set aside the refusal of Puffin Fishing CC’s fishing right application, remitted terms to the Minister, and dismissed River Queen Trading 499 CC’s review.

• Marine Living Resources Act
• Allocation Of Fishing Rights
• Promotion Of Administrative Justice Act
• Procedural Fairness
• Brother Sister Relationship
• Exceptional And Compelling Circumstances

Minister of Forestry, Fisheries and the Enviroment and Another v Ulwandle Fishing (Pty) Ltd and Others (21613/23)

Minister of Forestry, Fisheries and the Enviroment and Another v Ulwandle Fishing (Pty) Ltd and Others (21613/23) [2024] ZAWCHC 65 (1 March 2024)

Court

Western Cape High Court, Cape Town

Case number

21613/23

Judge

Lekhuleni

The High Court dismissed the Minister’s urgent bid to stop Category B horse mackerel permit fishing pending review litigation, finding the interdict broad and unjustified.

• Interim Interdict
• Allocation Of Fishing Rights
• Marine Living Resources Act
• Urgency In Motion Proceedings
• Review Of Administrative Action
• Interim-interdict

Minister of Forestry, Fisheries and the Environment and Another v Hacky Fishing (Pty) Ltd and Others (20607/23; 18801/23)

Minister of Forestry, Fisheries and the Environment and Another v Hacky Fishing (Pty) Ltd and Others (20607/23; 18801/23) [2024] ZAWCHC 55; [2024] 2 All SA 466 (WCC) (23 February 2024)

Court

Western Cape High Court, Cape Town

Case number

20607/23; 18801/23

Judge

Lekhukeni

The court found that the Minister's delay in finalising Hacky Fishing's application was explained by efforts to resolve sector instability and ongoing litigation. The urgency of the matter was established due to the imminent fishing season and the risk of perpetuating unlawful allocations. The court held that the Minister was not functus officio, as only a court can set aside unlawful administrative actions, and her application for an interdict was consistent with constitutional and statutory obligations. However, the Minister's request for a blanket interdict against all Category B right hol…

Source excerpt

• Marine Living Resources Act
• Review Of Administrative Action
• Interim Interdict
• Allocation Of Fishing Rights
• Delay In Administrative Decision
• Audi Alteram Partem

Balobi Trading (Pty) Ltd and Others v Siyaphambili Fishing Primary Co-Op Ltd and Others (2480/2022)

Balobi Trading (Pty) Ltd and Others v Siyaphambili Fishing Primary Co-Op Ltd and Others (2480/2022) [2022] ZAECMKHC 100 (2 November 2022)

Court

Eastern Cape High Court, Makhanda

Case number

2480/2022

Judge

N G Beshe

The court dismissed an urgent application for an interim interdict over squid fishing permits, finding no prima facie right, self-created urgency, and no balance of convenience.

• Interim Interdict
• Contractual Rights
• Marine Living Resources Act
• Small Scale Fishing Policy
• Urgency
• Locus Standi

A Penglides (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Another (298/2021)

A Penglides (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Another (298/2021) [2022] ZASCA 74; 2022 (5) SA 401 (SCA) (26 May 2022)

Court

Supreme Court of Appeal

Case number

298/2021

Judges

Ponnan, Dambuza, Schippers, Nicholls, Mothle

The Supreme Court of Appeal held that the high court erred in finding the appeal to the Minister was lodged out of time. Applying both South African and English authorities, the Court found that when the last day for lodging an appeal falls on a day when the Department's offices are closed, service on the next business day is valid and within the prescribed period. The Court rejected the high court's approach, which failed to consider established principles regarding impossibility of performance due to office closure. The matter was remitted to the high court for determination of the substant…

Source excerpt

• Marine Living Resources Act
• Administrative Fairness
• Calculation Of Statutory Periods
• Public Resource Management