Exploring solutions to problems plaguing fishing communities
CAPE TOWN - Forestry, Fisheries and Environment Minister Dion George has concluded the Fishing for Freedom tour.
The minister has been meeting with fishing communities in a bid to explore solutions to the problems in the sector.
Dr. Dion George says they need to make sure we don't pollute water supplies, and there are a number of issues with water quality.
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Daily Maverick
4 days ago
- Daily Maverick
Weaponising the Public Finance Management Act: A new legal trend threatening public sector discipline
A concerning trend is emerging in public sector employment. Employees facing disciplinary action are increasingly wielding the Public Finance Management Act 1 of 1999 (PFMA) not as the accountability tool it was designed to be, but as a shield against workplace consequences. This strategic pivot transforms financial governance legislation into an employment litigation weapon with potentially far-reaching implications for public administration. The PFMA was enacted in 1999 with the primary purpose of establishing a robust framework for financial governance in South Africa's public sector. At its core, the act aims to secure transparency, accountability, and sound management of revenue, expenditure, assets and liabilities across national and provincial government institutions. Among its core objectives, it provides mechanisms to prevent irregular, unauthorised, as well as fruitless and wasteful expenditure, thereby safeguarding public resources against misuse. The recent Labour Court case of Vico v The Department of Forestry, Fisheries and Environment offers a compelling illustration of this new phenomenon. Thembalethu Vico, a director within the department who faced dismissal following disciplinary proceedings related to the removal of confiscated abalone valued at approximately R7.5-million, sought to challenge his dismissal through an unusual legal avenue: by attacking the procedural aspects of his disciplinary hearing through the lens of the PFMA. At the heart of Vico's application was an attempt to secure declaratory relief related to what he characterised as incomplete disciplinary proceedings. His arguments centred on several PFMA-related assertions: that the employer had 'unjustly and unfairly terminated' the briefing contract of the disciplinary hearing chairperson; that this termination caused 'unreasonable delay' in his disciplinary hearing; that respondents 'contravened the applicant's right to fair labour practice'; and rather notably, that expenditure on recusal applications against the chairperson constituted 'fruitless and wasteful expenditure' under the PFMA. The Labour Court's response was unequivocal. In his judgment, Judge Robert Lagrange not only dismissed the application, but characterised it as 'vexatious in nature', ordering the applicant to pay the respondents' costs. 'An attempt to circumvent the proper forums for labour disputes' The court found that Vico was 'no stranger to legal principles and reasoning' and determined that his PFMA-based arguments represented an attempt to circumvent the proper forums for labour disputes — namely the General Public Service Sectoral Bargaining Council where he had already lodged an unfair dismissal claim. This case highlights a broader issue deserving closer scrutiny: the strategic repurposing of financial management legislation to serve employment law objectives. The PFMA, enacted in 1999, was designed to promote transparent and effective management of government finances — not as a mechanism for employees to challenge disciplinary outcomes. Yet increasingly, we witness creative legal arguments that stretch the PFMA beyond its intended boundaries. Several notable examples demonstrate this concerning pattern in other contextual scenarios: Unsuccessful tender bidders increasingly invoke the PFMA not to address genuine financial irregularities, but to contest legitimate procurement decisions they simply disagree with. By alleging technical PFMA violations, these bidders attempt to overturn procurement outcomes through financial management legislation rather than following appropriate procurement appeal processes. Some employees facing disciplinary action for performance or conduct issues have strategically repositioned themselves as 'whistleblowers' under section 51 of the PFMA. By claiming they were disciplined for reporting financial misconduct, rather than for their own workplace infractions, they attempt to transform standard employment disputes into protected disclosure matters. Some senior employees facing poor performance reviews have contested their evaluations by claiming they were instructed to take actions that would violate the PFMA. This transforms performance management into a complex legal dispute about financial legislation interpretation. Public entities facing pressure to implement organisational changes have cited PFMA compliance concerns as reasons to delay implementation, effectively using financial legislation as a strategic tool to resist operational reforms. Perhaps most troublingly, the PFMA has become weaponised in political contexts, with allegations of technical PFMA violations used to undermine political opponents in positions of financial accountability, regardless of whether actual financial mismanagement occurred. In the misconduct context, the implications of this trend are significant. Public sector managers face the daunting prospect of defending not only the substantive merits of disciplinary decisions, but also navigating complex arguments about whether their internal processes satisfy the technical requirements of financial legislation. This creates a chilling effect on departmental decision-making, potentially undermining efforts to address misconduct effectively. More worryingly, this legal strategy diverts valuable court resources. Judge Lagrange noted that the application was largely an attempt to revisit a matter that had already been decided, writing that 'it beggars belief that the applicant could have seriously believed that he could simply avoid the unequivocal effect of the judgment by approaching this court under the guise of an application for declaratory relief'. When courts must attend to such applications, genuine cases requiring judicial attention face delays. The Department of Forestry, Fisheries and the Environment's approach in the Vico case provides a template for addressing such claims. Rather than becoming entangled in debates about the PFMA's application to employment matters, they successfully redirected the court's attention to the jurisdictional question: Whether the Labour Court was the appropriate forum for what was essentially an attempt to relitigate disciplinary proceedings through a different legal framework. Distinct forums and remedies PFMA matters and employment disputes are meant to follow different procedural paths, with distinct forums and remedies designed to preserve the integrity of both systems. When properly invoked, PFMA concerns should follow established channels that begin with internal departmental controls, escalate to Treasury oversight, proceed through audit mechanisms via the Auditor-General's examination, involve executive accountability and operate through specific financial misconduct procedures established in the PFMA — all pathways that exist distinctly from labour dispute mechanisms. Notably absent from the PFMA is any provision making the Labour Court a forum for adjudicating PFMA violations, which is why the Department of Forestry, Fisheries and the Environment correctly focused on the jurisdictional question, highlighting that the applicant was attempting to bypass proper forums for both employment disputes (the General Public Service Sectoral Bargaining Council) and financial governance concerns (internal controls, Treasury oversight and potentially criminal proceedings). As this trend continues to evolve, public sector employers would be wise to develop proactive strategies. This includes ensuring that disciplinary procedures are documented with meticulous attention to detail, that financial decisions related to such proceedings are properly authorised, and that legal teams are prepared to address PFMA-based arguments directly. The PFMA represents a crucial pillar of democratic governance and institutional transformation. The act has become instrumental in the country's ongoing struggle against corruption and State Capture — challenges that have threatened South Africa's democratic foundations and economic stability. However, the judiciary's response in the Vico case sends a clear message: the PFMA cannot be weaponised to circumvent established labour relations processes. This judgment establishes an important precedent that may discourage frivolous applications of this nature. Ultimately, public administration requires both financial accountability and efficient personnel management. When these systems are placed in artificial opposition through creative litigation strategies, neither objective is well served. The Labour Court's firm stance in the Vico case represents a welcome correction — one that reinforces the proper boundaries between financial governance and employment law in South Africa's public sector. DM
Mail & Guardian
5 days ago
- Mail & Guardian
Government withdraws ‘flawed' waste-tyre management plan for full review
Environment Minister Dion George. (OJ Koloti, Gallo Images) Forestry, Fisheries and the Environment Minister The withdrawal of approval for the plan, which was published in the Government Gazette on 20 March last year, would enable the department 'to revisit the plan with a fine-tooth comb', the The minister's decision reflects his 'commitment to thoroughly reviewing and strengthening environmental policies as a newly appointed leader', it added. In September, the In its court documents Redisa, which managed waste tyres from 2013 to 2017, said the plan had unachievable and unrealistic targets; lacked any budgetary detail; failed to use the available information and projections and was created and approved in a procedurally flawed manner. Redisa has welcomed George's decision after 'publicly calling for this materially flawed and self-defeating plan to be scrapped'. The environment department said that, since taking office, the minister had prioritised a 'meticulous evaluation' of decisions made by previous administrations. 'After careful consideration, he [George] has opted to withdraw the (plan) approval to allow for a detailed reassessment, ensuring the plan fully aligns with the department's objectives of sustainable waste management and robust governance.' George said that, while the plan was developed through a prolonged and consultative process, 'concerns have been raised regarding its alignment with current sector realities and policy intent'. 'The withdrawal enables a focused review to ensure the final plan is implementable, transparent and fully responsive to the operational and governance complexities facing the sector.' The thorough review of the plan will involve renewed stakeholder engagement and the appointment of an organ of state, probably the Council for Scientific and Industrial Research, to refine it, addressing areas such as data accuracy and sector capacity. The minister said his goal was to deliver a waste-tyre management plan that is practical, inclusive and futureproof. 'This withdrawal is a proactive step to ensure we get it right, building a stronger foundation for the waste-tyre industry and environmental justice.' Existing interim arrangements for waste-tyre collection and processing would continue, ensuring no disruption to the sector, the department said. It noted that engagements with the treasury were under way to secure a sustainable funding model while further details on the review process would be shared with stakeholders in due course. Redisa was responsible for the implementation of a waste-tyre recycling scheme from 2012 — the only one of its kind in the country — which entailed the creation and management of a national network for collecting discarded tyres, storing them and delivering them to recyclers for processing. This was envisaged as the beginning of a tyre recycling industry and the foundation of secondary industries for the use of products created by recyclers. In September 2017, Redisa and its management arm, Kusaga Taka Consulting, were placed in final liquidation, based on a request from former environmental affairs minister Edna Molewa. In January 2019, the supreme court of appeal overturned the liquidation order. Redisa said that George 'has made a rational decision' and 'should be commended for taking the right action to resolve an issue he inherited'. It was committed to cooperating fully with all parties and would request a meeting with the minister 'to discuss how best to manage the waste-tyre crisis in the country'. The waste-tyre management plan, it maintained, was never going to be an effective solution to South Africa's crisis. The country produces at least 253 000 tonnes of waste tyres a year, which was being 'mismanaged' by the waste bureau under the department, with depots filling up and becoming fire hazards, while tyre dumping was increasing. 'Apart from the public health threats caused by the uniquely toxic character of waste-tyre pollution, the mismanagement is also a lost opportunity for the South African economy, because, through a well-coordinated recycling process, economic development and job creation can be strengthened considerably,' it said. The minister's decision was 'good news, not just for the environment, but also for job creation through recycling in South Africa', it said, adding that it was eager to work with government departments and other stakeholders to make sure the waste-tyre crisis is addressed. It said that, during its tenure, it had built 22 tyre collection centres, employed more than 3 000 people, created 226 small waste enterprises, offset 59 000 tons of carbon dioxide emissions, empowered unskilled workers and stimulated emerging entrepreneurs. 'Redisa has the technical and policy experience to play a significant role in turning the waste-tyre crisis into a viable form of economic empowerment because it has done this before.'
Daily Maverick
27-05-2025
- Daily Maverick
Minister to remove wrecks from small harbours after fishers' outcry
Remove your wrecks or we will and charge you, Dion George tells boat owners. In many small fishing harbours derelict and abandoned vessels clog moorings, pose safety risks and symbolise decades of government inaction. After facing fierce criticism from fishing communities during his recent Fishing for Freedom imbizo, Minister of Forestry, Fisheries and the Environment Dion George has announced urgent action to remove them. George said this week that his department, in partnership with the South African Maritime Safety Authority (Samsa), has initiated a clean-up campaign targeting wrecked vessels across several proclaimed fishing harbours. These include Hout Bay, Gordon's Bay, Lamberts Bay, Saldanha Bay and St Helena Bay. advertisement Don't want to see this? Remove ads Under the authority of the Wreck and Salvage Act, vessel owners have been served notice: remove your sunken boats by 16 June 2025 or the government will do so – at your expense. 'For too long, these derelict vessels have been a blight on our harbours, endangering our marine environment and the safety of those who rely on these waters,' George said in a statement. 'I am committed to reversing this legacy of neglect and ensuring our coastal infrastructure supports both environmental sustainability and economic prosperity.' A tipping point in Hout Bay The announcement comes less than a month after a stormy public imbizo in Hout Bay, where the minister was met with frustration, anger and desperation from fishers, harbour tenants and community leaders. The gathering, part of a nationwide tour to engage with coastal fishing communities, was meant to focus on fishing rights, but quickly turned into an informal referendum on government harbour neglect. advertisement Don't want to see this? Remove ads In Hout Bay harbour, the minister was greeted by the smell of raw sewage, sagging buildings and boats bobbing beside others that had already sunk. Entire sections of the quay wall were collapsing and critical infrastructure – from water and electricity supplies to slipways and lighting – was non-functional. Derelict warehouses like the Bluefin building stood abandoned, providing shelter for squatters and rodents rather than economic opportunity. Fishers and business owners accused the government of abdicating responsibility. Sean Walker, a prominent figure in the local fishing industry, delivered a blunt warning: 'We don't have much more time. This harbour is in a sorry state of repair. It's threatening not just businesses, but an entire working-class economy that's been holding on by its fingernails.' Long promises, little delivery Justin Strong, who heads the Hout Bay Harbour Tenants Association and runs the well-known seafood eatery Snoekies, echoed the sentiment. 'I've been attending meetings like this for 15 years,' he told the minister. 'We've had millions spent on feasibility studies and spatial frameworks. But nothing from those plans has been implemented. Not one thing.' Strong detailed how tenants were forced to install their own lighting, clean up rubbish at their own cost and attempt to secure areas where break-ins had become commonplace. 'We light up the parking lot with six spotlights because otherwise it's pitch-dark,' he said. 'There's no meaningful security. We've had three break-ins at Snoekies just this past month.' advertisement Don't want to see this? Remove ads As for the harbour's crumbling infrastructure, Strong pointed to a bureaucratic tug-of-war between the Department of Public Works and the Department of Fisheries, which has left maintenance efforts paralysed. 'Each says the other is responsible. Meanwhile, nothing gets fixed,' he said. advertisement Don't want to see this? Remove ads George acknowledged this confusion. 'I wasn't even sure myself who manages the toilets,' he commented to the crowd. He pledged to raise the issue directly with the minister of public works and proposed the creation of a liaison forum to ensure future communication is direct and accountable. But many in attendance were sceptical. Kobus Poggenpoel, a generational fisher from Kalk Bay, voiced frustration over the cycle of promises. 'Maybe setting up yet another forum may work, maybe not,' he said. 'Every year politicians come and talk about transformation and integration, but nothing happens.' A first step – or more talk? Against this backdrop, the announcement of the wreck removal campaign will be cautiously welcomed by harbour users – as long as it's seen through. The presence of abandoned vessels has been a long-standing concern, not only because they take up valuable mooring space, but because they often leak oil, attract crime and create physical hazards for active fishers. 'This is one of the easiest wins,' said Walker. 'You don't need a five-year spatial framework to raise a sunken boat.' George's directive is specific: under Marine Information Notice MIN 08-25 issued by Samsa, owners of the identified wrecks must remove them by 16 June 2025. After that, the state will step in and remove them, recovering the costs from the owners as allowed under the Act. advertisement Don't want to see this? Remove ads advertisement Don't want to see this? Remove ads 'This initiative reflects Minister George's dedication to rolling back the ills of the past and restoring the integrity of South Africa's coastal infrastructure,' the department said. 'The removal of these wrecks will enhance the safety of harbours, protect marine biodiversity and support the livelihoods of communities that depend on these waters.' George added: 'By removing these wrecks, we are safeguarding our oceans for future generations and creating safer, more sustainable hubs for maritime activities.' Beyond boats For the Hout Bay fishing community, the derelict vessels are only one part of a much broader crisis. The most immediate needs are often depressingly basic: working toilets, running water, secure lighting and functioning pumps. 'We're being held back by things that are fixable,' Walker stressed during the imbizo. 'We can't control the sea. We can't control the weather. But we can fix a pump. We can fix a light. We can fix a jetty. And if we don't, we'll lose it all.' Many speakers called for better interdepartmental coordination. 'Bring Public Works and Fisheries together,' Walker urged. 'Two ministers, two key officials, in one room. No more feasibility studies, no more five-year frameworks. Just a concrete plan.' advertisement Don't want to see this? Remove ads Regan James, a local activist, pointed out that the rot is not just physical but symbolic. 'This harbour is a reflection of how our community is treated. It's not just about fishing – it's about dignity. It's about survival.' He also raised concerns about small-scale fishing allocations, suggesting that quotas are often poorly matched to the realities on the ground. 'You can't catch a sardine on a handline,' he quipped. 'You gave us a basket we can't even catch.' George's response to these grievances was measured, if at times constrained. He spoke of the international respect afforded to South Africa's fisheries scientists, but also acknowledged the resource challenges his department faces. 'We've gone from 700 staff to fewer than 400,' he said. 'And I'm managing 261 ongoing court challenges related to fishing rights.' But he expressed a wish: 'I want to walk through this harbour in the future and see that it's been fixed. Otherwise I'll know I failed.' The wreck removal directive, while not a comprehensive fix, may prove to be the first visible sign of this wish. It's an important test. DM
