Fishing Rights: A New Dawn for South Africa's Marine Subsistence Fishers

Abstract

This paper examines and analyses the South African government’s efforts to implement the new marine subsistence fisheries regime. Specifically, the paper focuses on the progress that has been made and the difficulties that have been encountered in the process thus far. Particular attention is paid to efforts to realize transformation within this sector. The paper begins with a brief introduction to subsistence fisheries in South Africa, followed by a glimpse of the historical legal context in which this fishery is operated. This is followed by a detailed examination of the current legal context. Firstly, the constitutional background is discussed, including an overview of the relevant rights in the Bill of Rights, with particular focus on the international right (s. 24) and the obligations that it imposes on the state. Legislative measures taken to regulate subsistence fisheries are examined thereafter, focusing on the relevant provisions of the Marine Living Resources Act (MLRA). Then a discussion of efforts to implement the MLRA provisions, including the examination of the main recommendations in this regard by the Subsistence Fisheries Task Group (SFTG) follows, and the paper concludes with some suggestions for improved implementation in this sector.