Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others

Bato Star Fishing (Pty) Ltd, an existing rights holder in the deep-sea hake trawl sector, challenged the allocation of fishing quotas for the 2002–2005 seasons made under section 18 of the Marine Living Resources Act 18 of 1998. The Chief Director: Marine and Coastal Management allocated Bato Star 856 tonnes (later increased on internal appeal to 873 tonnes), a modest increase from its previous quota, despite its application for 12 000 tonnes. The allocation process applied policy guidelines aimed at balancing sustainability, economic stability, and transformation of the fishing industry. Bato Star’s review succeeded in the Cape High Court but was overturned by the Supreme Court of Appeal. Bato Star sought special leave to appeal to the Constitutional Court, contending that the allocation decision was unlawful, irrational, procedurally unfair, and insufficiently attentive to transformation objectives.

The application for special leave to appeal was dismissed and the decision of the Supreme Court of Appeal upholding the quota allocation was confirmed.

The case is a leading authority on the standard of review of administrative action under PAJA, especially in contexts involving complex policy choices and allocation of scarce resources. It affirms judicial deference to executive decision-making within constitutional bounds and clarifies how transformation objectives must be balanced with sustainability and economic considerations in fisheries regulation.