A simultaneous appeal and review was brought concerning the customary rights of the Dwesa-Cwebe communities to access marine resources in a marine protected area. An appeal was brought against the conviction and sentence of the accused for, among others, fishing or attempting to fish in a marine protected area. The appellants argued that the court erred in not finding the appellants’ conduct was not unlawful in terms of section 43 of the Marine Living Resources Act as their customary right to access negated unlawfulness. The review was brought against the Minister’s decision to declare the Reserve a Marine Protected Area, on the grounds that it was unlawful, unreasonable and procedurally unfair. The Court therefore had to determine whether the community enjoyed customary rights in relation to the Reserve, and the interaction of these rights with the legislation. The Court first considered the nature and content of customary rights; whether proof of the existence of customary rights negates unlawfulness; the constitutionality of section 43 of the Marine Life Resources Act for its failure to recognise existing customary law rights and criminalisation of the exercise of customary law rights; and the review application. The Court ultimately dismissed the appeal and review.