ABSTRACT The marked PDF has been uploaded for reference and acceptance of grammatical changes] Post-apartheid South African legislation for the protection and management of the ocean environment, has been dominated by the language of sustainable development. Deeply embedded in the notion of sustainability is that of resilience. I propose in this paper, through the medium of the ocean and the Dwesa-Cwebe community in the Eastern Cape Province, that the expectation for human resilience in the age of climate change and global warming is promoted as a reasonable and necessary condition. I will argue that coastal communities, as citizens, are expected to perform resilience within the national rhetoric ‘for the greater good,’ to support a development narrative which uses environmental protection to veil a government policy of economic gain over social equality. To explore the above claims, I turn to a case study focused on a ground-breaking judgement in the Supreme Court of Appeals which saw fishers gain access to Marine Protected Areas on the grounds of customary rights. A close reading of the judgement together with a historical view of the legislative framework support the argument that the neoliberal legislative frameworks used to govern today continue to be informed by their predecessors conceptualised in the colonial and apartheid eras.