Dyer Eiland Visserye (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries and Another (11914/17)
Dyer Eiland Visserye (Pty) Ltd v Minister of Agriculture, Forestry and Fisheries and Another (11914/17) [2018] ZAWCHC 162 (13 November 2018)
The court found that the applicant was not properly informed of the factual basis for the alleged breach prior to the revocation of its fishing rights. The section 28 notice failed to set out the facts supporting the contravention, and the applicant was not given a fair opportunity to respond to the specific allegations before the decision was made. The second respondent did not engage with the applicant's alternative facts, and the report to the Minister on appeal did not adequately present both sides of the dispute or provide reasons for preferring the Department's case. The Minister's deci…
Source excerpt
- Marine Living Resources Act
- Revocation Of Fishing Rights
- Permit Conditions
- Procedural Fairness
- Appeal Procedure