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Several reports emanating from the portfolio committee on agriculture, forestry and fisheries meeting today, 22 October 2013 are, unfortunately riddled with misrepresentations and therefore warrant a response from the Department of Agriculture, Forestry and Fisheries (DAFF) to clarify some of these misleading issues.

There is currently no legal framework to implement the Policy for the Small-Scale Fisheries Sector (the Policy) in South Africa. This policy was published as Government Notice 474 in Government Gazette No. 35455 on 20 June 2012.

The promulgation of the Marine Living Resources Amendment Bill, 2013, will enable the Minister to allocate small-scale fishing rights and in a substantial manner transform the inequalities of the past fisheries system.

The department has not delayed the amendments at all. Instead DAFF has undertaken a very involved, participatory and intense process involving the fishing communities and their elected representatives and other stakeholders to finalize the small-scale fisheries policy. During these public participation drives, we reached over thousands people covering every stretch of our coast. Officials from the Department went to community halls, churches, combing every street to ensure that all interested community members are involved.

Under the decisive leadership of Minister Tina Joemat-Pettersson, who fully appreciates and understands the plight and challenges of the small-scale fishers, the finalization of the policy was prioritized. The Small-Scale Fisheries Policy was adopted by Cabinet last year. The process to amend the MLRA commenced immediately to ensure a legislative framework exists to enable the implementation of the policy. This process, after hundreds of consultation meetings involving thousands of participants, resulted in the current Marine Living Resources Amendment Bill and was an equally consultative, involved and participatory process with fishing communities, fisher  organizations, industry bodies, stakeholders and members of the public.  There was no delay.

In response to the specific issues raised by these reports, DAFF would like to state the facts:

1.     The cost of the bill is not R400 million. The implementation plan developed independently by experts proposes a R400 million cost over 5 years. Much of the support already exist in other departments such as the Department of Trade and Industry (DTI) and DAFF will continue to work with other departments in an integrated manner to ensure the appropriate and sufficient support will be there for small scale fishers.  The inter-departmental Committee on Cooperative comprises of twelve national line departments including DAFF.

2.     The Bill is and will not change the status of subsistence fisheries. In fact the Bill is seeking to legitimize this historically disadvantaged fishers of this sector. The definition of small scale fishers as stated in the Small-Scale Fisheries Policy is inclusive and: “ means persons that fish to meet food and basic livelihood needs, or are directly involved in harvesting/processing or marketing of fish, traditionally operate on or near shore fishing grounds. Predominantly employ traditional low technology or passive fishing gear….usually undertake single day fishing trips and are engaged in the sale or barter or are involved commercial activity”. This definition was mooted, adopted and agreed upon by the very ‘subsistence fishers’ that the quoted reports are referring to. Incidentally, during the hearings the submissions done by fishers and representatives of fishing communities from the entire coastline declared their full support to the amendments in its current form. Any amendments proposed are therefore contrary to with what the fishing communities are proposing and supporting.

1. Cooperatives are not forced on to fishing communities. Hundreds of consultation meetings with thousands of fishers, their representatives and organizations are supporting cooperatives. Furthermore cooperatives represent an additional category to the Marine Living Resources Act with the others being a South African citizen, a company registered in terms of the Companies Act, a close corporation and a trust. Applications by anyone in any of these categories can therefore be made.

In addition, the Government has created a conducive environment for co-operative development through the:
·         Co-operative Development Policy for South Africa
·         Co-operative Act  14 of 2005
·         Integrated Strategy on the Development and Promotion of Co-operatives
·         Co-operatives Management Act 6 of 2013
·         The Co-operatives Act and Policy clearly outlines the role of other government departments to support co-operative development.
·         Provincial governments have been encouraged to develop their own co-operative strategies that will guide the promotion and development of co-operatives.

Cooperatives in the small-scale fisheries sector are a way of maximizing long-term community benefits to deal with the threats of fisheries mismanagement, livelihood insecurity and poverty- harsh realities for many small-scale fishers. The Co-operatives Amendment Bill was passed into law known as Co-operatives Management Act 6 of 2013 was signed by the President on 5th August 2013. The fact that this amendment was passed and signed into law dispels any notion that that co-operatives are unconstitutional.  Furthermore the Portfolio Committee on Trade and Industry issued a statement on the passing of the Bill confirming its support for the amendments and that co-operatives will serve as a tool for the eradication of poverty and  economic development.
 
In a presentation by the DTI on the status of Co-operative Support and Development in South Africa, on 21 February 2012, to the Portfolio Committee on Economic Development in Cape Town, the following were stated:
The development of co-operatives has been identified by the government as one of the critical and viable means to create employment and alleviate poverty.