THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
MEDIA STATEMENT – CASE HEARING IN SUPREME COURT OF APPEAL
| Foodcorp v Deputy Director General: Department of Environmental Affairs and another | |
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| Supreme Court of Appeal -87/04 | Hearing date: 1 November 2004 |
| Judgment date: 19 November 2004 | |
Administrative law – review – fishing quotas – formula produces irrational results – setting aside of allocations |
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Media Summary
of Judgment |
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The SCA upheld an appeal by Foodcorp (Pty) Ltd against a judgment of the Cape High Court. Foodcorp had applied to the Cape Court for an order setting aside quota allocations for commercial pelagic fishing rights. That court dismissed the application. The SCA found that the formula used by the Department of Environmental Affairs produced irrational results which the department could not explain or justify. The allocations were therefore in some instances unreasonable. The quotas for the 2005 season were consequently set aside and the matter referred back to the department to set new quotas.
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