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FRAP 2013 APPEALS PROCESS SUSPENDED

South Africa - Fishing companies and individuals waiting to hear if they have successfully appealed the decisions taken in the allocation of fishing rights in several fisheries, will have to wait until 30 November 2014 while the Department of Agriculture, Forestry and Fisheries resolves the matter.

Following the decisions in respect of the allocation of fishing rights in the Traditional Linefish, Squid, Hake Handline, Demersal Shark, White Mussel, Oyster, Tuna Pole-Line and KwaZulu Natal Prawn Trawl sectors, on 31 December 2013 the South African Commercial Linefish Association submitted a court application against the decision of the delegated authority in the Traditional Linefish sector. The court application had an immediate impact on the appeals process which is still before court and cannot be concluded.

This was followed by an independent review of the FRAP 2013 process instituted by former minister, Tina Joemat-Pettersson, since replaced by Minister Senzeni Zokwana following the South African national election cabinet reshuffle at the end of May. The (new) Minister is currently consulting with the State Attorney on the legal feasibility of various options to institute corrective measure where weaknesses have been identified in the allocation process and it is on this basis that the appeal process has been suspended.