W Cape High Court Upholds 15% Squid Quota Allocation to Small-Scale Fishers

The decision marks a significant victory for small-scale fishing cooperatives, who have historically been excluded from squid fishing rights.

The Western Cape High Court has dismissed an application by the South African Squid Management Industrial Association (SASMIA), which sought to overturn the Department of Forestry, Fisheries, and the Environment's (DFFE) decision to allocate 15% of the annual squid Total Allowable Effort (TAE) to small-scale fisheries. The ruling, delivered on Friday, 11 October by Acting Judge Pangaker, upheld the DFFE's apportionment, preserving 85% for the commercial squid sector and 15% for the small-scale fishers.

The decision marks a significant victory for small-scale fishing cooperatives, who have historically been excluded from squid fishing rights. Squid allocations for these cooperatives had previously been granted on an ad hoc basis within the broader fishing rights framework. However, this ruling establishes a formal inclusion of small-scale fishers in squid resource allocations, a move the government believes is essential for socio-economic stability and greater equity in the fishing industry.

Minister of Forestry, Fisheries, and the Environment, Dr. Dion George, welcomed the court's decision, calling it a crucial step towards inclusion and empowerment for the small-scale fishing communities. "The decision to apportion 15% of the annual squid total allowable effort to the small-scale fisheries sector is intended to bring about inclusion and socio-economic stability for small-scale fishers within the fishing industry," George stated.

He emphasized the significance of the ruling, particularly for communities that rely on fishing for both income and food security. The allocation supports small-scale fishing cooperatives in their efforts to sustain livelihoods and improve the well-being of families and communities dependent on the fishing sector.

The court’s ruling not only supports the government's strategy to address historical inequities in the fishing industry but also highlights the ongoing effort to balance commercial interests with the needs of smaller, often marginalized fishing groups. This decision aligns with the DFFE’s broader mandate to ensure more inclusive access to marine resources, fostering greater economic resilience and food security among South Africa's coastal communities.