The first appellant, A Penglides (Pty) Ltd, held a large pelagic longline fishing right granted under the Frap 2015/2016 allocation process. The appellant nominated a foreign-flagged vessel (Matsufuku Maru No. 28) for one unit of effort. When that vessel became unavailable due to the owner's other commitments, the appellant applied on 28 April 2017 to substitute it with the Koei Maru No. 1. The Deputy Director General (DDG) rejected this application on 17 May 2017, citing paragraph 8.3.5 of the Grant of Rights Letter which prohibited replacement of foreign vessels with other foreign vessels during the right's duration. The appellant lodged an appeal to the Minister on 19 June 2017, challenging both the rejection and the conditions limiting use of foreign vessels. The 30-day appeal period expired on Saturday 17 June 2017, when the Department's offices were closed. The Minister dismissed the appeal on 9 May 2018, noting it was submitted two days late. The appellant then applied to the High Court for review of the Minister's decision.