Fisher and Another v President of the Republic of South Africa and Another

Country
Territorial subdivision
Court
Seat of court
Cape Town
Date of opinion
2008
Abstract

The second respondent (“the Minister”) had announced the complete suspension of the commercial fishing of wild abalone in accordance with section 16 of the Marine Living Resources Act 18 of 1998. The applicants were rights holders in the industry. They lodged protests against the suspension. Upon consideration of the objections, the Minister amended his decision to make provision for a total allowable catch for a three-month period. Remaining dissatisfied, the applicants sought the review of the Minister’s decision.

Language of document
English
Reference number
[2008] 4 All SA 189 (C)
Transnational
No
Decision
The main grounds of review were that the Minister had acted irrationally as despite having identified the main cause of the decline in abalone stocks as poaching, he suspended lawful commercial in the fishing sector. The applicants also challenged the Minister’s interpretation of studies on which he relied in support of his decision. The recommendation and decision-making process was thorough, sequential and regular and there was no evidence of the decision reached being justified by reports or recommendations produced ex post facto as alleged by the applicants. The ultimate test on review was whether the decision taken by the Minister was one which a reasonable decision-maker could take. The court found that it was, and dismissed the application.
Appealed
No
Court cases cited
Foodcorp v Deputy Director-General, Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management and others [2005] 1 All SA 531 (SCA)
Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and others 2004 (7) BCLR 687 (2004 (4) SA 490) (CC)
Administrator, Transvaal and others v Theletsane and others [1991] 4 All SA 132 (1991 (2) SA 192) (A)
Titty’s Bar and Bottle Store and others (Pty) Ltd v ABC Garage (Pty) Ltd and others [1974] 4 All SA 434 (1974 (4) SA 362) (T)
Legislation cited
Promotion of Administrative Justice, No. 3 of 2000
Marine Living Resources Act, No.18 of 1998