Fishing communities from Kalk Bay, Ocean View, Muizenberg and Hout Bay had their voices heard at a public engagement, highlighting their concerns on the Fishing Rights Allocation Process (Frap) Appeals.
Cameron Dugmore, leader of the African National Congress (ANC) in the provincial legislature, hosted the public engagement at the Kalk Bay community hall on Friday 22 July.
“We have received many complaints, not only about the technicalities of the process but also the ability of historically disadvantaged companies, mostly SMMEs, to be rewarded for strides in ownership and investment as the manner in which the points system has been operated, in practice, only favoured larger entities.
“This specific Frap is vitally important as it is allocating 15 years’ rights in the most high-value fish resources,” said Dugmore.
In May, the Minister of Forestry, Fisheries and the Environment, Barbara Creecy, extended the Frap appeals process until Friday 29 July after a number of applicants were dissatisfied with the outcome of the process.
“We need to ensure that the Frap addresses the skewed allocation of these resources to larger entities and to ensure sustainability of the economy and the socio-economic conditions for our coastal communities and those involved in the sector,” said Dugmore.
Fidel Issel, ANC chair for the Western Cape fishing desk, said, for the past 30 years, the fishing community had been on the short end of the stick.
“We all know we had the Frap that came out for the big commercial fishing rights process and it has been postponed since 2020. We all know that for the past 30 years, most of the fishing community has always been on the short end of the stick of the Frap in the commercial sector.
“The policies came out and most felt that this process won’t take place because it is still Covid and an online process, and normally there is weeks and weeks of time to submit to the department to conclude the process online and in such a short period of time it was virtually impossible.
“I think most of the fishermen and most of the community, they put in all their resources, all their last money into the application, hoping they could get something out of it.”
Issel added that many applicants were, however, unsuccessful which was why the process needed to be reviewed.
“Most of the applicants we spoke to across the sectors, they all feel the same way, that something needs to be done because, currently, the scoring system is not clear in terms of how you are going to appeal. We are here to engage with the community and applicants about the process. We are here to look at Frap and to review it.”
Faez Poggenpoel, a representative for the small-scale fishermen in Kalk Bay and a fifth-generation fisherman, said the small-scale industry was directly tied to the decision of resource split which affected the community.
“The minister did say that all our communities need to appeal on the resource split, commercial and small-scale because these rights are going to be tied down for 15 years. If we do not get the resources we need for the small-scale sector, our communities and the small-scale policy that has taken almost two decades to implement will be of no use.
“So it’s a massive decision by the minister, she understands it, but she needs the pressure to ensure she can apportion for the small-scale sector and whatever that may mean. The minister did unilaterally abolish the transformation council which she could have used as the vehicle to set aside rights in that transformation council.”
Poggenpoel added that, on the issue of commercial rights, applicants in the squid sector were not informed that first-time applicants would not be accepted.
“People applied there and were informed, no new applicants, especially the new entrants. I myself did not apply but Kalk Bay as a historic fishing community deserves a certain number of resources.”
He added that historical rights holders were excluded based on a “petty exclusionary criteria”.
“What we are finding is that historical families and right holders who have invested generationally are being excluded for petty exclusionary criteria that are not even section 21 (companies) or contraventions.
“It does not warrant the removal of those rights in this area. So what I am saying is every historical fishing area deserves an apportionment of those, so whatever that is, you can’t just take away for misdemeanor offences. You should apportion according to historical contribution. Also through pre-democracy, we fought, and now, through democracy, their rights are taken away.”
Another applicant questioned why such high fees were charged in the Frap application process.
“What I would like to ask is why were we charged such astronomical fees. So, for example, in the deep sea, there are only two successful entrants where our application fee was R40 000. Why not advise the community that there is only a limited amount of successful applicants that would be awarded it?
“Another sector is the squid. There were no new entrants. I would suggest that the Frap process be scrapped and restarted.”
Greg Louw, a fisherman from Hout Bay, said Frap could cater to everyone but that only the big businesses were benefiting.
“The number of people who applied is so few that they could have catered for everyone, that is the reality. The big businesses put a gun against the government and made it very clear: ‘If I give to the small guys, the big guys will keep the Frap in court’ like it did in 2016 and it is still in court. So, if they give to the bigger companies, the small guys don’t have the money to keep the government in court.
“They are supposed to give to everybody because everyone is entitled to benefit from the resource.”
He added that the application process was supposed to be simple and easy.
“People are so desperate to put food on the table. This process was supposed to be very simple and easy; we don’t have to stop Frap. The number of people who apply is so few that they could have catered for everyone.”
