Expressions of Tenure in South Africa in the Context of the Small-Scale Fisheries Guidelines

2017 ◽  
pp. 139-163 ◽  
Author(s):  
Jackie Sunde
Keyword(s):  
South Africa ◽  
Small Scale ◽  
Small Scale Fisheries

scholarly journals Editorial

2017 ◽  
Vol 16 (5) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
South African ◽  
International Criminal Tribunal ◽  
Development Planning ◽  
Small Scale ◽  
Economic Rights ◽  
Small Scale Fisheries ◽  
Proper Role ◽  
Minimum Age ◽  
Elusive Concept

The last issue of 2013 consists of fourteen contributions dealing with a potpourri of topics. The first two articles are both by the same author. In the first one, André Louw addresses the recent, sometimes deplorable conduct of intellectual property (or IP) lawyers, and in the second one, André Louw explores the proper role and meaning of good faith (or bona fides) in contract law, and the approach of our courts to the application of this principle in individual cases involving claims of unfairness and the like. The third article, by Rufaro Mavunga, critically assesses the Minimum Age Convention 138 of 1973 and the Worst Forms of Child Labour Convention 182 of 1999. Nicholas Orago, in the fourth article, discusses socio-economic rights in Kenya and proposes that if the entrenched socio-economic rights are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of socio-economic rights disputes. The fifth article, by Oliver Fuo, explores and critically investigates the relevance and potential of integrated development planning in contributing towards the achievement of social justice in South Africa. Next, Michaela Young discusses the fate of informal fishers in the context of the Policy for the Small-Scale Fisheries Sector in South Africa. The second-last article, by Hermanus van der Merwe, provides a historical and teleological overview of the crime of direct and public incitement to commit genocide under international law, as well as the definitional elements thereof as interpreted and applied by the International Criminal Tribunal for Rwanda, before he continues to examine it in contemporary South African law. The last article, by Chuma Himonga, Max Taylor and Anne Pope, explores the scope and content of the ever elusive concept of ubuntu, as pronounced on by the judiciary in various cases, and demonstrates that its fundamental elements of respect, communalism, conciliation and inclusiveness enhance the constitutional interpretation landscape.

scholarly journals Achieving Equity in the Fishing Industry: The Fate of Informal Fishers in the Context of The Policy for the Small-Scale Fisheries Sector in South Africa

2017 ◽  
Vol 16 (5) ◽  
pp. 287
Author(s):  
Michael Young
Keyword(s):  
South Africa ◽  
Resource Constraints ◽  
National Development ◽  
Small Scale ◽  
Management Approach ◽  
Fishing Industry ◽  
Fishing Rights ◽  
Small Scale Fisheries ◽  
Allocation Process ◽  
Future Economic Development

The implementation of the Marine Living Resources Act 18 of 1998 which governs fisheries management in South Africa is guided by a series of objectives. Chief amongst these are the need to ensure resource sustainability, promote economic growth and achieve equity in the fishing industry. Striking a balance among these competing imperatives is a necessary but also monumental task, one which South Africa has arguably failed to achieve to date. In particular, as far the equity objective is concerned, a group of fishers, including both subsistence and artisanal fishers, have continued to be marginalised and overlooked in the fishing rights allocation process. The Policy for the Small-Scale Fisheries Sector in South Africa aims to provide recognition and redress to this sector of the fishing industry. It seeks to achieve this objective by adopting a community-based, co-management approach. The Policy accordingly envisages that fishing rights will be allocated to small-scale fishing communities and that these communities will become involved in managing fisheries together with government. This contribution reviews and critically analyses the scope of application of the Small-Scale Policy and the management approach adopted by the Policy, with a view to assessing its potential to achieve the objective of providing redress to the formerly marginalised groups of fishers. This analysis takes place against the backdrop of the significant resource constraints in the fisheries arena and the country’s vision for its future economic development as described in the National Development Plan.

scholarly journals Evaluating the suitability of fyke nets for small-scale fisheries in the Free State Province of South Africa

Water SA ◽  
2020 ◽  
Vol 46 (1 January) ◽  
Author(s):  
LM Barkhuizen ◽  
OLF Weyl
Keyword(s):  
South Africa ◽  
Clarias Gariepinus ◽  
Total Sample ◽  
Free State ◽  
Small Scale ◽  
Catch Per Unit Effort ◽  
Free State Province ◽  
Small Scale Fisheries ◽  
Catch Composition ◽  
Fyke Nets

South Africa is under increasing pressure to develop small-scale fisheries in inland waters. To inform appropriate development of this sector in the Free State Province, the catch rate of double-ended fyke nets was evaluated using survey data from 20 impoundments sampled during the 2013/2014 summer season. Fyke nets were set over night and the total sample effort was 114 fyke net nights. Overall catch per unit effort (CPUE) was 16.8 ± 28.3 kg·net-1·night-1 and catch composition was dependent on impoundment, but generally comprised of a mixture of common carp Cyprinus carpio, African sharptooth catfish Clarias gariepinus, smallmouth yellowfish Labeobarbus aeneus, Orange River mudfish Labeo capensis and moggel Labeo umbratus. The influence of temperature and the potential benefits of baiting the nets were subsequently evaluated through monthly sampling in the hyper-eutrophic Krugersdrift Dam and at the oligotrophic Gariep Dam. Baiting did not significantly influence CPUE, which was significantly higher at Krugersdrift Dam (19.97 ± 23.22 kg·net-1·night-1) than at Gariep Dam (5.02 ± 6.05 kg·net-1·night-1). Increasing temperature had a positive effect on CPUE at Krugersdrift Dam but not at Gariep Dam. Species composition also differed between impoundments and, as a result, we conclude that seasonal catch rates and species compositions will need to be evaluated prior to implementation of fyke net fisheries in specific localities.  

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