SUBMISSION ON THE DRAFT SECTOR SPECIFIC POLICIES FOR THE ALLOCATION OF FISHING RIGHTS IN THE ABALONE, HAKE INSHORE-TRAWL, HORSE MACKEREL, KWAZULU-NATAL SARDINE, BEACH SEINE, LARGE PELAGICS, NETFISH, PATAGONIAN TOOTHFISH, SEAWEED, WEST COAST ROCK LOBSTER NEARSHORE, WEST COAST, ROCK LOBSTER OFFSHORE AND THE FISH PROCESSING ESTABLISHMENT SECTORS – CONTAINED IN THE GOVERNMENT GAZETTE, NO 38771 OF 12 JUNE 2015
a. The FW de Klerk Foundation (“the Foundation”) is a non-profit organisation which incorporates the Centre for Constitutional Rights. The Foundation seeks to defend and promote the Constitution and the Bill of Rights and works for harmonious relations in multicultural societies. In this context it monitors any actions, statements or developments that might affect the Constitution, the Bill of Rights or harmonious relations between communities in our multicultural society.
b. The Foundation wishes to respond to the Department’s invitation to comment on the above-mentioned Draft Sector Specific Policies. It would, in particular, like to comment on the balancing criteria in paragraph 7.2(a) of the Draft Sector Specific Policies which state that
“applicants will be evaluated in terms of the following balancing criteria which will be weighted in order to evaluate and assess applications:
The South African population percentage composition of demographic groups (79.6% Black, 9% Coloured, 8.9% White, and 2.5% Asian) may amongst other transformation criteria be used to prefer applicants from others when allocation of fishing rights and Rights Holder’s apportionment of the Total Allowable Catch (TAC) and /or Total Applied Effort, (TAE) is being considered.”