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