DA to submit urgent PAIA application for fishing rights
The DA is committed to seeing to it that every single person who fulfils the criteria to be awarded fishing rights is allocated these rights as soon as possible.
We have already requested that the Chairperson of the Agriculture, Forestry and Fisheries Portfolio Committee, Lulu Johnson call an emergency meeting of the committee to allow Parliament to get to the bottom of this debacle.
We will also submit an urgent application in terms of the Promotion of Access to Information Act (PAIA) for the score sheets and any other data used by the Department during its Fishing Rights Allocation Process.
Furthermore, we will be writing to the Public Protector, Thuli Madonsela, requesting that she launch an investigation into the lawfulness of the processes followed in the allocation of rights.
On 30 December 2013, the Department of Agriculture, Forestry and Fisheries announced the allocation of fishing rights in South Africa. Sadly, of the 3 490 applications, only about 600 led to rights being granted in seven different sectors. Furthermore, only 215 applications for traditional line fishing were successful out of the 1 556 applications. From the 400 established traditional line fishing licenses, only 105 previous right holders were awarded fishing rights while 100 new entrants were also awarded rights. The rest were denied without explanation.
The outcomes of the application process has been nothing short of devastating for the majority of fishermen and families who have held these rights for at least eight years, while in some instances for the last 20 years.
Of great concern, the Department of Fisheries has refused to provide reasons for why fishing rights applications have been denied.
In order to prepare an administrative appeal under the Marine Living Resources Act or to prepare an urgent court application, applicants - whether successful or not - are entitled to the following documents:
A letter addressed to the applicant, informing him/her of the actual reasons for the decision;
A copy the score sheet for a particular application and all other evaluation records used to score the application;
Copies of the score sheets and evaluation sheets for every other applicant in that fishery - for both, the right holder and new entrant applicants;
The General Published Reasons; and
Complete lists of successful applicants, together with the names and registration numbers of their nominated fishing vessels and crew allocations.
The refusal to publicise this information brings into question the lawfulness of the processes followed in allocating these rights. It is therefore imperative that Parliament and the Public Protector investigate this.
The lives of thousands of fishermen and the families are depending on government to allow them to continue their trade. For the majority of our coastal communities fishing is the only form of income in their respective households.
The government has abandoned our communities in their time of greatest need.
The DA will continue to do everything in its power to ensure that this matter is resolved as a matter of urgency so that the livelihoods of fishing communities are protected.
Statement issued by Pieter van Dalen MP, DA Shadow Deputy Minister of Agriculture, Forestry and Fisheries, January 6 2014
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