Environmental Engineering Reference
In-Depth Information
resources to historically disadvantaged individuals (HDIs), as well as the involvement
of 'black'
14
South Africans in the industry through share transfers, joint ventures and
affirmative action appointments (van Sittert et al. 2006). Nielsen and Hara (2006),
however, regard the transformation process as 'window dressing' in large part because
the main fisheries remained in control of a small number of companies. With respect to
the allocation of rights to the subsistence sector, aside from the province of Kwa-Zulu
Natal along the north eastern coastal region of South Africa, very little progress has
been made (Sowman 2006). This can partly be attributed to institutional inadequacies
(Sowman 2006), but also to the narrow definition of subsistence in the MLRA, which
failed to recognise the thousands of fishers that had historically engaged in artisanal
fishing activities along the coast.
Failure to formally recognise the small-scale fishers and adequately cater for them
resulted in mass action (Sunde 2003; Isaacs 2006); increased disregard of formal rules
and regulations (Hauck and Kroese 2006; Hauck 2008; Sowman et al. 2011); and
finally to legal action by a group of fishers against the DEAT Minister (George K and
others vs. The Minister of Environmental Affairs and Tourism 2004). Mobilisation of
the fishers was supported by Masifundise, a non-governmental organisation (NGO)
that is focused on empowering coastal fishers to claim their rights to marine resources
and support from the Legal Resources Centre. A key argument underlying this case was
that government's failure to allocate rights to this group of fishers had violated their
fundamental Constitutional rights, resulting in significant socio-economic hardship.
A ruling by the Equality Court in May 2007 required the Minister responsible for
fisheries to develop a policy that would address the needs of this hitherto excluded
group and immediately provide 'interim relief' through access to marine resources
until such time as the policy was finalised.
Following the Equality Court Ruling in 2007, a National Summit involving fish-
ers from across South Africa was held to discuss concerns regarding the management
of the sector. An outcome of this meeting was the appointment of a National Task
Team (NTT) that included representatives from government and fisher communities,
researchers, NGOs and Community-Based Organisation (CBOs) to develop a small-
scale fisheries policy that would address the socio-economic rights of this group of
fishers and ensure equitable access to resources. While the process of formulating the
draft policy has been lengthy and difficult due to the very different perspectives of the
many stakeholders involved, the principles, objectives and management approaches
articulated therein indicate a fundamental paradigm shift in fisheries governance in
South Africa. Thus the Equality Court ruling together with support from NGOs
and a more informed and empowered fisher group provided the space for bottom-up
participatory processes to take place.
The paradigm shift has multiple dimensions. Firstly, the final draft policy (DAFF
2010) recognises the rights and needs of small-scale fisheries and affords them legal
protection. Secondly, it requires that these fishers be granted preferential access to
marine resources, especially where such communities have historically depended on
marine resources. Other key principles that signal a shift in approach include the
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'Black' is a generic term used in South Africa for those ethnic groups identified by apartheid
policy as 'Indian,' 'African' or 'Coloured.'
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