West Coast Rock Lobster Association and Others v The Minister of Environmental Affairs and Tourism and Others

The appellants, comprising an industry association and holders of long-term commercial fishing rights for West Coast rock lobster (WCRL), challenged the Minister of Environmental Affairs and Tourism’s use of section 81 of the Marine Living Resources Act 18 of 1998 (MLRA). The Minister had granted interim exemptions allowing identified subsistence fishers to catch and sell limited quantities of WCRL, despite recreational permits ordinarily prohibiting sale and despite subsistence/commercial rights being regulated under section 18. These interim measures arose from Equality Court settlements intended to address historical exclusion of coastal subsistence fishers while policy development was ongoing. By the time the appeal was heard, the specific interim measures had expired and been overtaken by subsequent developments.

The appeal was dismissed. The appellants were ordered to pay the respondents’ costs, including the costs of two counsel.

The case affirms the principle that South African courts will not decide moot or purely academic disputes and emphasises limits on declaratory relief. It is significant in administrative and environmental law for highlighting tensions between conservation, statutory schemes for resource allocation, and the state’s transformative obligations toward historically disadvantaged fishing communities, while leaving open the substantive question of the scope of section 81 exemption powers.