Minister of Environmental Affairs and Tourism v Atlantic Fishing Enterprises (Pty) Ltd and Others

Applications were invited for commercial fishing rights in the South Coast Rock Lobster sector for the 2001/2002 to 2004/2005 seasons under the Marine Living Resources Act 18 of 1998. Thirty‑eight applications were received; sixteen were initially successful. A portion of the total allowable catch was reserved to accommodate possible appeals under section 80 of the Act. Ensemble Trading 2001 (Pty) Ltd, whose initial application had been unsuccessful, appealed and was granted a fishing right with an allocation of 6 000 kg. This reduced the quantity available for proportional distribution among successful applicants. The successful applicants (the respondents) were not afforded an opportunity to make representations before Ensemble’s appeal was upheld. They applied to the Cape High Court to review and set aside the Minister’s decision, alleging procedural unfairness.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the meaning of 'person with an interest' in section 80(3) of the Marine Living Resources Act and affirms the procedural fairness obligations resting on the Minister when deciding administrative appeals in the fisheries context. It reinforces the application of audi alteram partem principles in South African administrative law, particularly where contingent rights to scarce resources are affected.