Ocean Ecological Adventures (Pty) Ltd v Minister of Environmental Affairs and Others (6744/2018) [2019] ZAWCHC 42; [2019] 3 All SA 259 (WCC) (18 April 2019)
Court
Western Cape High Court, Cape Town
Case number
6744/2018
Judge
Bozalek
High Court review of a whale-watching permit appeal succeeded. The Minister’s revocation of the applicant’s permit and award to a rival were set aside.
New Foodcorp Holdings (Pty) Ltd and Another v Minister of Agriculture, Forestry and Fisheries and Others (82/1) [2012] ZASCA 30; [2012] 2 All SA 518 (SCA); 2012 (7) BCLR 717 (SCA); 2013 (1) SA 406 (SCA) (28 March 2012)
Court
Supreme Court of Appeal
Case number
82/11
Judges
NAVSA, VAN HEERDEN, MHLANTLA, LEACH, WALLIS
The Supreme Court of Appeal held that paragraphs 6.2 and 6.3 of the Transfer Policy are not ultra vires the Minister's powers under the Marine Living Resources Act. The policy is consistent with the Act's objectives, particularly the constitutional and statutory imperative of transformation in the fishing industry. The Minister is entitled to scrutinize share transactions that result in a change of control or a reduction in transformation credentials, as fishing rights and permits are subject to ongoing compliance with transformation requirements. The policy provides sufficient guidance for t…
