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Coastal Links Langebaan and others v Minister of Agriculture, Forestry and Fisheries and others

31 October 2016

High Court of the Republic of South Africa, Western Cape Division, Cape Town

Case No. 11907/13

Date: 31 October 2016

Judge: Sher AJ

In this matter, the court set aside the decision by the Minister of Agriculture, Forestry and Fisheries to impose restrictive conditions in the permits of small-scale fishers authorising them to fish in the Langebaan Lagoon. The decision was declared to be arbitrary and irrational and to constitute unfair discrimination against the small-scale fishers on the grounds of race, and therefore unconstitutional.

Legislation considered: Marine Living Resources Act, 1998; Promotion of Equality and Prevention of Unfair Discrimination Act,2000; Constitution of the Republic of South Africa , 1996

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Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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