South Africa

South Africa’s coastal environment is a highly productive, diverse and dynamic system that provides food and livelihoods for thousands of coastal dwellers. Conflict over resources has a long history. Apartheid legislation in South Africa resulted in the systematic exclusion of coloured and black fishers and fishing communities from direct legal access to marine resources (van Stittert, 2002 and 2003, Sowman, 2006). The advent of democracy in South Africa in 1994, led to an extensive law reform process to address past injustices. The promulgation of the Marine Living Resources Act (MLRA) in 1998 and the recognition of subsistence fishers as a legal category of fishers, signalled government’s commitment to address the needs of this hitherto marginalized group. Whilst some considerable progress has been made in broadening access to previously disadvantaged individuals to gain entry to the commercial sector, some researchers argue that this transformation process is largely “window dressing” (van Stittert et al., 2006, Nielson and Hara, 2006). Failure to recognize the traditional small-scale fisheries sector and adequately cater for them has resulted in mass protests and subsequent legal action, and increased disregard of formal harvesting rules and regulations (Isaacs, 2006, Hauck, 2008, Raemaekers, 2009, Raemaekers and Britz, 2009, Sowman et al., 2009).

A ruling by the Equality Court in May 2007 required the Minister to provide some form of relief through access to fisheries resources until such time as the government finalized the new small-scale fishing policy. While the process to develop a small-scale fishing policy is currently underway, it has been beset with enormous challenges. The development of a new small-scale fisheries policy is an attempt to resolve the ongoing conflicts between the commercial (large-scale), recreational and small-scale fishery sectors in South Africa. A key constraint to addressing these tensions is that long-term fishing rights were allocated in most fisheries in 2006 and scientists claim that resources are over-subscribed. A National Task Team is now exploring alternative governance systems including rights allocation systems and management approaches that will address the needs of small-scale coastal fishers. However, the restoration of historic fishing rights to coastal fishers will necessitate the redistribution of some near shore resources. Negotiations in this regard are currently underway. While these policies and plans are under development, conflicts at the local level continue. In some cases, these conflicts have become violent.

Centre for Maritime Research
Plantage Muidergracht 14-16
NL-1018 TV Amsterdam
Phone: +31 20 5254185
Fax: +31 20 5254051
Contact Form


Home REINCORPFISH Project Description Participants News & Announcements Photo Galleries	South Africa South Africa’s coastal environment is a highly productive, diverse and dynamic system that provides food and livelihoods for thousands of coastal dwellers. Conflict over resources has a long history. Apartheid legislation in South Africa resulted in the systematic exclusion of coloured and black fishers and fishing communities from direct legal access to marine resources (van Stittert, 2002 and 2003, Sowman, 2006). The advent of democracy in South Africa in 1994, led to an extensive law reform process to address past injustices. The promulgation of the Marine Living Resources Act (MLRA) in 1998 and the recognition of subsistence fishers as a legal category of fishers, signalled government’s commitment to address the needs of this hitherto marginalized group. Whilst some considerable progress has been made in broadening access to previously disadvantaged individuals to gain entry to the commercial sector, some researchers argue that this transformation process is largely “window dressing” (van Stittert et al., 2006, Nielson and Hara, 2006). Failure to recognize the traditional small-scale fisheries sector and adequately cater for them has resulted in mass protests and subsequent legal action, and increased disregard of formal harvesting rules and regulations (Isaacs, 2006, Hauck, 2008, Raemaekers, 2009, Raemaekers and Britz, 2009, Sowman et al., 2009). A ruling by the Equality Court in May 2007 required the Minister to provide some form of relief through access to fisheries resources until such time as the government finalized the new small-scale fishing policy. While the process to develop a small-scale fishing policy is currently underway, it has been beset with enormous challenges. The development of a new small-scale fisheries policy is an attempt to resolve the ongoing conflicts between the commercial (large-scale), recreational and small-scale fishery sectors in South Africa. A key constraint to addressing these tensions is that long-term fishing rights were allocated in most fisheries in 2006 and scientists claim that resources are over-subscribed. A National Task Team is now exploring alternative governance systems including rights allocation systems and management approaches that will address the needs of small-scale coastal fishers. However, the restoration of historic fishing rights to coastal fishers will necessitate the redistribution of some near shore resources. Negotiations in this regard are currently underway. While these policies and plans are under development, conflicts at the local level continue. In some cases, these conflicts have become violent.	Centre for Maritime Research Plantage Muidergracht 14-16 NL-1018 TV Amsterdam Phone: +31 20 5254185 Fax: +31 20 5254051 Contact Form