South Africa Case Law

Sole NO and Another v Minister of the Department of Agriculture, Forestry and Fisheries and Others (356/13)

Sole NO and Another v Minister of the Department of Agriculture, Forestry and Fisheries and Others (356/13) [2013] ZAWCHC 94 (13 June 2013)

Court

Western Cape High Court, Cape Town

Case number

356/13

Judge

P B Fourie

Urgent application for a final interdict to halt West Coast rock lobster fishing was dismissed; the court found no proven rights infringement or need to bypass other remedies.

• Marine Living Resources Act
• Environmental Rights
• Final Interdict
• Total Allowable Catch
• Public Interest Litigation
• Environmental-rights

Business Venture Investments No 1311 (Pty) Ltd v Sea Harvest Corporation Ltd (130/LM/Dec08)

Business Venture Investments No 1311 (Pty) Ltd v Sea Harvest Corporation Ltd (130/LM/Dec08) [2009] ZACT 36 (27 May 2009)

Court

Competition Tribunal

Case number

130/LM/Dec08

Judges

D Lewis, N Manoim, U Bhoola

The Tribunal approved the merger of Business Venture Investments No 1311 (Pty) Ltd and Sea Harvest Corporation Ltd, finding no substantial competition or public interest concerns.

• Merger Control
• Cross Shareholding
• Market Division
• Vertical Integration
• Public Interest
• Total Allowable Catch

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)

Court

Western Cape High Court, Cape Town

Case number

15572 / 2007

Judge

Bozalek

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