The Minister of Environmental Affairs and Tourism and Another v Scenematic Fourteen (Pty) Ltd

The case concerned the allocation of commercial fishing rights in the hake longline sector for the 2002–2005 fishing seasons under s 18(1) of the Marine Living Resources Act 18 of 1998. The Minister delegated the power to allocate rights in this sector to the Deputy Director-General (DDG). Applications were streamed into two categories: existing ‘2001 rights holders’ and ‘potential new entrants’, with different weighting given to transformation criteria. Scenematic Fourteen (Pty) Ltd, a new entrant, was unsuccessful both in its original application and in an internal appeal under s 80 of the Act. It instituted review proceedings in the Cape High Court, which set aside the DDG’s refusal to grant it fishing rights. The Minister and DDG appealed to the Supreme Court of Appeal.

The appeal was upheld. The decision of the High Court setting aside the DDG’s refusal to grant fishing rights to the respondent was overturned, and the respondent’s review application was dismissed.

The case is important for confirming the legality of structured, guideline-based administrative decision-making in complex resource allocation processes. It clarifies that scoring systems and advisory committees do not, without more, amount to an unlawful fettering of discretion, and it affirms the application of PAJA reasonableness principles in the context of fisheries management and transformation policy.