Fishing for administrative justice in marine spatial planning: Small-scale fishers’ right to written reasons

2021 ◽  
Vol 2021 ◽  
pp. 122-146
Author(s):  
Rachael Chasakara ◽  
Ntemesha Maseka
Keyword(s):  
South Africa ◽  
Working Group ◽  
Spatial Planning ◽  
Small Scale ◽  
Marine Spatial Planning ◽  
Administrative Action ◽  
Space And Time ◽  
Constitutional Right ◽  
Administrative Justice ◽  
Ocean Zoning

The emergence of marine spatial planning (MSP) has been ascribed to the inability of the ocean spaces to meet all demands simultaneously. With increasing uses and users of the ocean comes a rise in conflicts. Studies that sought to reduce those conflicts have shown the benefits of zoning the ocean in space and time. In South Africa, the Department of Environment, Forestry and Fisheries, which functions through a national working group (NWG) on MSP, is responsible for the implementation of MSP, which includes ocean zoning in South Africa’s ocean spaces. In the implementation of MSP, the NWG will make decisions which, this article argues, constitute administrative action triggering the constitutional right to written reasons. This article examines the small-scale fishers’ right to written reasons following a decision by the NWG. It concludes that the NWG does have an obligation to fulfil this right and that the MSP instruments are drafted in a manner that supports this duty.

Administrative Justice in Kenya: Learning from South Africa's Mistakes

2018 ◽  
Vol 62 (1) ◽  
pp. 105-128
Author(s):  
Cora Hoexter
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Rights ◽  
The South ◽  
Administrative Action ◽  
African Experience ◽  
Administrative Justice

AbstractThe wording of article 47 of Kenya's Constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in South Africa's 1996 Constitution. Like section 33, article 47 mandates the enactment of legislation to give effect to these constitutional rights, and Kenya's Fair Administrative Action Act 4 of 2015 was strongly influenced by the equivalent South African legislation, the Promotion of Administrative Justice Act 3 of 2000 (PAJA). South Africa can thus be regarded as a sort of laboratory for Kenyan administrative justice. The aim of this article is to highlight some of the South African experience in relation to section 33 and the PAJA in the hope that Kenya will learn from some of South Africa's mistakes. It argues that the Kenyan courts should avoid following the example of their South African counterparts in allowing their mandated legislation to become almost redundant.

scholarly journals The Concept of a "Decision" as the Threshold Requirement for Judicial Review in terms of the Promotion of Administrative Justice Act

2017 ◽  
Vol 14 (5) ◽  
pp. 229
Author(s):  
RC Williams
Keyword(s):  
South Africa ◽  
Judicial Review ◽  
Critical Threshold ◽  
Administrative Action ◽  
Judicial Authority ◽  
Administrative Justice

The Promotion of Administrative Justice Act 3 of 2000 defines administrative action as “any decision [of a specified kind]" taken by specified persons or entities.  The Act goes on to define decision as “any decision of an administrative nature made, proposed to be made, or required to be made, as the case may be”, including certain specified categories of decision.  The decision in Bhugwan v JSE Ltd 2010 3 SA 335 (GSJ) highlights the distinction between a “decision”, as so defined (which may be amenable to judicial review in terms of the Act) and an inchoate decision (that is not amenable to such review).. The judgment in this case is, to date, the only judicial authority in South Africa on this critical threshold requirement to be established by any applicant for judicial review in terms of the Promotion of Administrative Justice Act.

The impact of marine spatial planning legislation on environmental authorisation, permit and licence requirements in Algoa Bay

2021 ◽  
Vol 2021 ◽  
pp. 79-121
Author(s):  
Denning Metuge
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Air Quality ◽  
Protected Areas ◽  
Spatial Planning ◽  
Marine Spatial Planning ◽  
Marine Area ◽  
Potential Impact ◽  
The Impact ◽  
National Environmental

With a focus on Algoa Bay, this article considers the potential conflicts that may arise between South Africa’s marine spatial planning (MSP) legislation and the environmental authorisations, permits and licencing requirements provided under specific environmental management Acts (SEMAs). The legislation for MSP in South Africa is the Marine Spatial Planning Act, 2018 (MSPA). It provides that ‘[a]ny right, permit, permission, licence or any other authorisation issued in terms of any other law must be consistent with the approved marine area plans’. What is more, where there is a conflict between the MSPA and any other legislation ‘specifically relating to marine spatial planning’, the provisions of the MSPA prevail. Particular attention is given to the principle of sustainability that the MSPA incorporates into MSP and its impact on environmental authorisation, permit and licence requirements issued in terms of three SEMAs: the National Environmental Management: Biodiversity Act, 2004 (NEM:BA), the National Environmental Management: Protected Areas Act, 2003 (NEM:PAA) and the National Environmental Management: Air Quality Act, 2004 (NEM:AQA). The article concludes by summarising the potential impact the MSPA will have on the discussed SEMAs when it comes into operation and makes recommendations to prevent the occurrence of potential conflicts.

scholarly journals Multi-scale multi-level marine spatial planning: A novel methodological approach applied in South Africa

PLoS ONE ◽  
2018 ◽  
Vol 13 (7) ◽  
pp. e0192582 ◽  
Author(s):  
Erwann Lagabrielle ◽  
Amanda T. Lombard ◽  
Jean M. Harris ◽  
Tamsyn-Claire Livingstone
Keyword(s):  
South Africa ◽  
Spatial Planning ◽  
Methodological Approach ◽  
Marine Spatial Planning ◽  
Multi Scale ◽  
Multi Level

A Feature Encoding Approach and a Cloud Computing Architecture to Map Fishing Activities

2021 ◽  
Author(s):  
A. Galdelli ◽  
A. Mancini ◽  
E. Frontoni ◽  
A. N. Tassetti
Keyword(s):  
Spatial Planning ◽  
Low Cost ◽  
Small Scale ◽  
Automatic Identification ◽  
Identification System ◽  
Marine Spatial Planning ◽  
Fishing Activity ◽  
Feature Encoding ◽  
Encoding Method ◽  
New Policies

Abstract Monitoring fish stocks and fleets’ activities is key for Marine Spatial Planning. In recent years Vessel Monitoring System and Automatic Identification System have been developed for vessels longer than 12 and 15m in length, respectively, while small scale vessels (< 12m in length) remain untracked and largely unregulated, even though they account for 83% of all fishing activity in the Mediterranean Sea. In this paper we present an architecture that makes use of a low-cost LoRa/cellular network to acquire and process positioning data from small scale vessels, and a feature encoding approach that can be easily extended to process and map small scale fisheries. The feature encoding method uses a Markov chain to model transitions between successive behavioural states (e.g., fishing, steaming) of each vessel and classify its activity. The approach is evaluated using k-fold and Leave One Boat Out cross-validations and, in both cases, it results in significant improvements in the classification of fishing activities. The use of a such low-cost and open source technology coupled to artificial intelligence could open up potential for more integrated and transparent platforms to inform coastal resource and fisheries management, and cross-border marine spatial planning. It enables a new monitoring strategy that could effectively include small-scale fleets and support the design of new policies oriented to the optimal use of marine resources.

scholarly journals AIS data to inform small scale fisheries management and marine spatial planning

Marine Policy ◽  
2018 ◽  
Vol 91 ◽  
pp. 113-121 ◽  
Author(s):  
Mark James ◽  
Tania Mendo ◽  
Esther L. Jones ◽  
Kyla Orr ◽  
Ali McKnight ◽  
...  
Keyword(s):  
Fisheries Management ◽  
Spatial Planning ◽  
Small Scale ◽  
Marine Spatial Planning ◽  
Small Scale Fisheries

Can SPLUMA Play a Role in Transforming Spatial Injustice to Spatial Justice in Housing in South Africa?

2017 ◽  
Vol 30 (1) ◽  
pp. 26-41 ◽  
Author(s):  
Jeannie Van Wyk
Keyword(s):  
South Africa ◽  
Land Use ◽  
Land Reform ◽  
Spatial Planning ◽  
National Development ◽  
Well Being ◽  
Spatial Development ◽  
Land Use Management ◽  
Spatial Justice ◽  
Spatial Environment

Our spatial environment is one of the most important determinants of our well-being and life chances. It relates to schools, opportunities, businesses, recreation and access to public services. Spatial injustice results where discrimination determines that spatial environment. Since Apartheid in South Africa epitomised the notion of spatial injustice, tools and instruments are required to transform spatial injustice into spatial justice. One of these is the employment of principles of spatial justice. While the National Development Plan (NDP) recognised that all spatial development should conform to certain normative principles and should explicitly indicate how the requirements of these should be met, the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) contains a more concrete principle of spatial justice. It echoes aspects of both the South African land reform programme and global principles of spatial justice. Essentially section 7(a) of SPLUMA entails three components: (1) redressing past spatial imbalances and exclusions; (2) including people and areas previously excluded and (3) upgrading informal areas and settlements. SPLUMA directs municipalities to apply the principle in its spatial development frameworks, land use schemes and, most importantly, in decision-making on development applications. The aim of this article is to determine whether the application of this principle in practice can move beyond the confines of spatial planning and land use management to address the housing issue in South Africa. Central to housing is section 26 of the Constitution, that has received the extensive attention of the Constitutional Court. The court has not hesitated to criticize the continuing existence of spatial injustice, thus contributing to the transformation of spatial injustice to spatial justice. Since planning, housing and land reform are all intertwined not only the role of SPLUMA, but also the NDP and the myriad other policies, programmes and legislation that are attempting to address the situation are examined and tested against the components of the principle of spatial justice in SPLUMA.

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