In a recent Supreme Court of Appeal judgment[i], a unanimous bench held that drones, bait carrying remote controlled boats and other remotely operated devices, in certain circumstances are prohibited in terms of the Marine Act.[ii]
The judgment dealt specifically with recreational angling, which may only be carried out by an angler in possession of an official fishing permit which indicates “angling” on the application form.
In the regulations of the Marine Act, “angling” is defined as “recreational fishing by manually operating a rod, reel and line …”, and “recreational fishing” is defined by the Marine Act itself as “any fishing done for leisure or sport and not for sale …”.
The court held that the word “manually” excluded any use of a fishing method other than the actual operation of a rod, reel and line. Interestingly, the court’s judgment would probably also exclude the placing of bait by swimming the bait out to its desired location, as “swimming” does not include the manual use of a rod and reel.
Protecting the Environment
The court referred to section 24 (b) of the Constitution, which imposes a legal obligation on the Minister of Forestry, Fisheries and the Environment to “protect the environment for the benefit of the present and future generations through reasonable legislative and other measures that … promote conservation … and the use of natural resources …”.
Section 2 of the Marine Act, which outlines the objectives and purpose of the Act, was also extensively quoted. This section requires the Minister to “conserve marine living resources for both present and future generations … and to apply precautionary approaches …” and “the need to protect the ecosystem as a whole …”.
While one might well support the principle of this judgment (the art of fishing remains unchanged!), one might also hope that in due course the Supreme Court of Appeal shall have the opportunity to deal more comprehensively with the abuse of our coastlines by commercial fleets and other fishing businesses.
[i] Gannet Works (Pty) Ltd and Others v Middleton Sue NO and Another (Case No492/2023) [2024] ZASCA 112.
[ii] Marine Living Resources Act 18 of 1998.