scholarly journals Rhodolith Bed Discovered off the South African Coast

Diversity ◽  
2020 ◽  
Vol 12 (4) ◽  
pp. 125 ◽  
Author(s):  
Luther A. Adams ◽  
Gavin W. Maneveldt ◽  
Andrew Green ◽  
Natasha Karenyi ◽  
Denham Parker ◽  
...  
Keyword(s):  
South Africa ◽  
Marine Protected Area ◽  
Research Effort ◽  
River Mouth ◽  
Depth Range ◽  
Eastern Cape ◽  
Cape Coast ◽  
Remotely Operated Vehicle ◽  
Coralline Red Algae ◽  
Red Macroalgae

Rhodolith beds have not previously been recorded in South Africa. A multidisciplinary research effort used remote sampling tools to survey the historically unexplored continental shelf off the Eastern Cape coast of South Africa. A rhodolith bed, bearing both living and dead non-geniculate coralline red algae, was discovered in the 30–65 m depth range off the Kei River mouth in the newly proclaimed Amathole Offshore Marine Protected Area. Some of the rhodolith forming coralline algal specimens were identified as belonging to at least three genera based on their morphology and anatomy, namely, Lithophyllum, Lithothamnion and a non-descript genus. Rhodolith mean mass and diameter were 44.85 g ± 34.22 g and 41.28 mm ± 10.67 mm (N = 13), respectively. Remotely operated vehicle (ROV) imagery revealed a suite of epibenthic red macroalgae associated with the rhodolith bed. Taxonomy, vertical structure and distribution of rhodoliths in South Africa require further investigation.

Case Note: The interface between customary rights and environmental legislation: Lessons from Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (SCA) 2018

2020 ◽  
Vol 26 ◽  
pp. 134-160
Author(s):  
Alexander Paterson
Keyword(s):  
South Africa ◽  
Natural Resources ◽  
Protected Area ◽  
Marine Protected Area ◽  
Customary Law ◽  
Constitutional Court ◽  
Eastern Cape ◽  
Customary Rights ◽  
The Republic ◽  
Law And Legislation

The Constitution of the Republic of South Africa, 1996, recognises customary law as an independent and original source of law, subject to the Constitution itself and legislation that specifically deals with customary law. As recognised by the Constitutional Court in Alexkor Ltd vs the Richtersveld Community (2004), customary law, as an independent source of law, may give rise to rights including rights to access and use natural resources. Rights to access and use natural resources are often comprehensively regulated by legislation. Conflicts between customary law and legislation relevant to natural resources may arise, as evidenced in the case of Mr Gongqose, who along with several other community members were caught fishing in the Dwesa-Cwebe Marine Protected Area situated off the Eastern Cape coastline. Notwithstanding their claims to be exercising their customary rights to fish in the area, they were convicted in the Magistrate’s Court for certain offences in terms of the Marine Living Resources Act (1998), under which the marine protected area had been established. Their appeal to the High Court proved unsuccessful and the Supreme Court of Appeal was tasked with considering the relationship between their customary rights to fish and legislation purportedly extinguishing these rights. The SCA’s judgment in Gongqose & Others vs Minister of Agriculture, Forestry and Fisheries & Others (2018) is the first of its kind in South Africa to consider the extinguishment of customary rights to access and use natural resources through post-constitutional legislation. This note critically considers the guidance the SCA provided on proving the existence of customary rights to access and use natural resources, and the manner in which they may be extinguished through legislation. While the focus is on marine living resources, the lessons emerging from this case are relevant to other natural resource sectors.

Sign in / Sign up

Export Citation Format

Share Document