FISHING RIGHTS
ALLOCATION PROCESS
(FRAP) 2013 & 2015
CONTEXT AND BACKGROUND
 Before the promulgation of the Marine Living Resource Act (MLRA, 18 of 1998), the
Department of Agriculture, Forestry and Fisheries (Branch: Fisheries Management)
granted fishing “quotas” under the Sea Fisheries Act.
 Currently, Section 18 of the Act now provides for the allocation of fishing “rights”. The
legal nature of the “right” allocated under the Act is similar to the “quota” allocated under
the Sea Fisheries Act.
 The “rights” allocated under the Act are not property rights but is in the nature of a
statutory permission to fish for a certain period of time.
 The fishing sectors that are now due for the allocation of fishing rights were allocated
rights between ten and fifteen years.
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CONTEXT AND BACKGROUND Cont…
 Also Fishing rights were allocated to 8 commercial fishing sectors, namely KwaZuluNatal Prawn Trawl, Demersal Shark, Squid, Tuna Pole-line, Hake Handline, Traditional
Linefish, White Mussels and Oysters in 2013 (FRAP 2013)
 However, this process was the subject to controversy with allegations and perceptions of
irregularities, manipulation, unlawful or arbitrary decision making and un-procedural
conduct. Over and above, the South African Traditional Linefishers Association brought
an urgent application to set aside the allocation of Rights in the Traditional Linefish
Sector
 As a result the previous Minister set aside the FRAP 2013 and instituted an audit by
Harris, Nupen and Molebatsi Attorneys in February 2014
 The findings of this audit were then sent by department to the State Attorney for an opinion
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FRAP 2013 REMEDIAL ACTIONS & 2015 FRAP WAYFORWARD
 Subsequent to FRAP 2013, Emang Basadi Legal and Forensic Services (Emang
Basadi) was appointed to conduct a review and assessment of the following:
 Capacity and work processes in the department, including line and support functions,
business processes, and external support required to ensure that the department is
prepared and has the necessary capacity to commence and finalise the fishing rights
allocation processes (FRAP 2013 corrective actions and FRAP 2015/2016)*; and
 To make recommendations as to what further capacity and resources are required to
effectively and successfully complete the fishing rights allocation processes.
 This presentation has incorporated mainly the recommendations by Emang Basadi and
translated these into an operational plan for corrective measure for FRAP2013 and way
forward for FRAP 2015.
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SUMMARRY OF THE FINDINGS FRAP2013

The findings and observations made on FRAP 2013 can be
summarised as follows:




Political apathy and/or lack of direction and/or leadership from
the national government
Clarity of policies (direction/ and alignment to national policies
e.g transformation)
The governance structure for FRAP (e.g ensuring
independency by department’s officials in granting of rights
and dealing with appeals)
Numerous operational gaps including lack of proper planning,
lack or insufficient good business processes
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SUMMARRY OF THE FINDINGS

Main reasons provided for the lack of preparedness were
amongst other the following:
 The General Policy and Sector Specific Policies have not been
reviewed. The review of policies is highly depended on the
decision by Executive Authority on issues such as
transformation targets per sector, consultation on the
application &grant of right fees, etc. .
 Job Freeze or Abolishment of posts;
 Inadequate Information Technology System (ITS) to process
the Rights Allocations and/or permits.
 The R20 million currently availed for the rights allocation is
insufficient.
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SUMMARY OF RECOMMENDATIONS




Many recommendations were made in the Harris Report, and
Emang Basadi concurred and validated most of them.
Since the setting aside of FRAP 2013, the Department has not
dealt with the appeals or the review of the allocations
themselves.
Emang Basadi recommended that the Minister should Appoint an
Independent Appeals Board led by a Senior Attorney/ Advocate
to deal with the backlog of FRAP 2013 and avail information in
terms of PAIA and PAJA.
The FRAP 2013 policies will need to be reviewed and implement
the Settle Agreement in terms of the Line Fish case (SACLA)
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FRAP 2015 & PROCESSES
 The fishing sectors that are now due for the allocation of fishing rights were allocated
rights between ten and fifteen years.
 These fishing rights in some of the fishing sectors will now expire between 28 February 31 December 2015.
 In preparation for the Fishing Rights Allocation process, the Department will embark on a
Policy Review and Public Participation Process which will result in the publication of 9
Fisheries Sector Specific Policies.
 To
successfully
deliver
the
credible
Fishing
Rights
Allocation
process,
the
recommendation by Emang Basadi was that the Minister should in terms of section 18
6A (a) of the MLRA exempt current right holders in order to extend their rights for a
period of 12 months while the department put in place credible processes for allocations.
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FRAP 2015: SLOGAN
a. VISSION
▪
The team is committed to render a professional rights allocation that is transparent
and credible with few/or no appeals and no successful litigations
b. MISSION
▪
▪
▪
To deliver on our promises
To be on time/target
To take care of our staff
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FRAP 2015 : CRITICAL SUCCESS FACTORS
a. Mandate
▪
2015 FRAP: Successful implementation of the 3ft Plan, with few/ or no appeals and
no successful litigation
b. CRITICAL FACTORS
▪
▪
▪
▪
▪
Adequate Human Resources
Political support/ good governance
Robust ITS systems
Robust legal advice and processes
Finance capital
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ADEQUATE HUMAN RESOURCES
▪
▪
▪
▪
▪
▪
▪
▪
Though Fishing Rights Allocation Process is the Fisheries Branch mandate, however it
is the Chief Directorate: Marine Resources Management core function.
FRAP contributes significantly to the revenue of the Branch: Fisheries.
CD: MRM is expected to commit dedicated officials for the successful implementation
of FRAP who will ‘vacate’ their daily duties in order to fully focus on the successful
implementation of FRAP.
This will add burden on certain officials which will have to ensure that service delivery
is not crippled.
Currently, CD: MRM has 4 abolished positions, 7 frozen positions and 1 position which
will soon be vacant by the end of March 2015.
As a result of these, already service delivery has been seriously hampered upon, thus
has created delays in issuing of permits to the fishing industry which has caused a high
rate of complaints from the fishing companies.
It is critical that the Human Capacity issue be given an urgent attention
Over and above to FRAP, the Implementation Plan of the Small-Scale Fisheries Policy
will run concurrently and it is envisaged that 40 contract workers (interns previously
with the Department) will be required for a period of 12-18mnths.
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FINANCIAL RESOURCES
▪
▪
▪
▪
▪
▪
The Department recognizes that financial resources are critical for the success
delivery of FRAP.
The budget for FRAP 2015/16 will be utilised to pay for services that may be
rendered by the Service Provider to the Department.
The budget will be utilised to develop and improve systems that are credible for
rights allocations.
The funds are needed for processes such as gazetting, legal services, vetting,
public consultations, printing (application forms and sector policies in 4 coastal
languages), distribution and receipting of application forms, manning of the FRAP
call centre and general communication.
These duties will fall outside the normal 8 working hours (including weekends) and
it is envisaged that overtime may exceed 30% limit of employees basic salary and
in order to meet the tight deadlines it is envisaged that overtime will be necessary.
The estimated budget based on the Project Plan is R45 million, current deficit of
R16 million.
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FRAP 2015: DELIVERY STRUCTURE
Appeals Committee
Secretariat
EXECUTIVE AUTHORITY
DG/Rep
CFO/Rep
DDG: Corporate
Services
CDs: MRM, FOS
Secretariat
CD: MRM, Chair
CDs: FM; CD: CD:
Coops &Enterprise Dev
Ds: FLS, Comms, SE
Secretariat
1
Policies &
Application Forms
2
DDG: FM, Chair
EXECUTIVE COMMITTEE
PROJECT TEAM/STEERING
COMMITEE
ITS
3
Logistics &
Customer Care
4
Budget
Project Co-ordinator
5
Legal Experts
6 Verification Team
Leader: D
Fredericks
Leader: M De Wet
Leader:
Leader:TBC
J
Bezuidehout
Leader: W Fisher
Leader: C
Liebenberg
Leader: S Pheeha
FMs: MRM
Scientist: FRD
MRM
IT
MRM
OCFO
MRM
OCFO
Qualified
Lawyers/State
Attorney Sec.
FMs: MRM
Scientist: FRD
Secretary: H Yon
Secretary: TBC
Secretary: A Ntsabe
Secretary: TBC
Secretary: TBC
Secretary: N
Nkeme
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EXECUTIVE COMMITTEE
a. Mandate
▪
Ministerial or Political Mandate
b. TOR
▪
▪
▪
▪
▪
Report to the DG/Minister
Meet once a month
Has authority to make decisions
Will use reports and data (prepared by Secretary, OC) to make decisions
Submit monthly progress report
c. Composition
▪
▪
▪
To be appointed by the Minister
Chaired by the DDG: FM
OMINISTER; ODG, ODDG: FM, CDs: MRM, FOS, OCFO
14
PROJECT TEAM
a. Mandate
▪
▪
▪
2015 FRAP: Successful implementation of the 3ft Plan, with few or no appeals
SSF Policy: Successful implementation of the 3ft Plan
Source funds
b. TOR
▪
▪
▪
▪
Report to the Executive Committee
Meet once a week, bring all relevant role-players together during meetings
Make recommendations
Submit weekly progress report
c. Composition
▪
▪
▪
▪
To be appointed by the DDG: FM
Chaired by the CD: MRM
ODDG: FM, CD: MRM’s Ds & FMs, Branch’s SMS Members (1/dir)
Co-opt others as needed, e.g., CD: Policy Development & Planning
15
POLICIES AND APPLICATION FORMS
a. Mandate
▪
2015 FRAP: Successful implementation of the 3ft Plan, with clear policies and
aligned application forms
b. TOR
▪
▪
Review, draft and finalise sector policies
Review, draft and finalise application forms
c. Composition
▪
▪
▪
Chaired: D Fredericks
Scribe: H Yon
MRM’s FMs, FRD, ODDG, SCM, FLS, SE, Comms
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INFORMATION TECHNOLOGY SYSTEMS
a. Mandate
▪
2015 FRAP: Successful implementation of the 3ft Plan, with robust reliable ITS
b. TOR
▪
▪
▪
▪
Development of FRAP System
Data capturing
E-permitting
EDMS
c. Composition
▪
▪
▪
Chaired: M De Wet
Scribe: TBC
D: ICT, Service Provider, MRM, SCM, ODDG
17
LOGISTICS AND CUSTOMER CARE
a. Mandate
▪
2015 FRAP: Successful implementation of the 3ft Plan, with best customer service
b. TOR
▪
▪
▪
▪
Mapping of all the possible consultation venues
Dispatching of materials and officials
Manning of FRAP Call Center
Travelling and accommodation arrangements
c. Composition
▪
▪
▪
Chaired: J Bezuidehout
Scribe: A Ntsabe
MRM, SCM, Stakeholder Engagement, Comms
18
BUDGET
a. Mandate
▪
2015 FRAP: Successful implementation of the 3ft Plan, with transparent budget
spending = greater accountability
b. TOR
▪
▪
▪
Ensure availability of funds
Allocate budget for all activities
Monitor & Report expenditure
c. Composition
▪
▪
▪
Chaired: W Fisher
Scribe: TBC
MRM, Finance, SCM, ODDG
19
LEGAL EXPERTS
a. Mandate
▪
2015 FRAP: Successful implementation of the 3ft Plan, providing best robust legal
support
b. TOR
▪
Vetting and legal advice throughout
c. Composition
▪
▪
▪
Chaired: C Liebenberg
Scribe: TBC
MRM, Qualified Lawyers, ODDG
20
OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION
PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016
Annual target 1/2/0115 Targets
– 29/2/2016
Allocate fishing rights in
9 fishing sectors (Hake
Inshore Trawl,
Patagonian Toothfish,
Horse Mackerel, West
Coast Rock Lobster
nearshore, West Coast
Rock Lobster offshore,
Seaweed, KZN Sardine
Beach Seine, Large
Pelagics, Netfish) and
Fish Processing
Establishments (FPE).
Review/revise 9 sector
specific policies (Hake
Inshore Trawl, Patagonian
Toothfish, Horse Mackerel,
West Coast Rock Lobster
nearshore, West Coast Rock
Lobster offshore, Seaweed,
KZN Sardine Beach Seine,
Large Pelagics and Netfish
fishing sectors).
Activities
 Request permission to review
sector specific policies
 Appoint Task Team to review sector
specific policies
 Hold internal consultative meetings
 Translate draft policies into coastal
languages ( Afrikaans, isiXhosa and
isiZulu)
 Publish draft policies for public
comments
Dependency
deliverable/
Allocated Time
budget Start date
role players
DDG: FM; CD: MRM; CD: FR&D; CD: MCS;
D: Supply Chain
Management; D:
Financial
Management; D:
Stakeholder
Engagement; Legal
Support; D:
Communications; D:
ICT; Fishing Industry;
General Public;
Government Printers;
Service Provider
 Hold external consultative meetings
Develop application forms  Appoint Task Team to develop
DDG: FM; CD: MRM; and schedules for 9 fishing
application forms
CD: FR&D; CD: MCS;
sectors (Hake Inshore Trawl,
D: Supply Chain
Patagonian Toothfish, Horse  Hold internal consultative meetings Management; D:
Mackerel, West Coast Rock
Financial
 Publish draft application forms for
Lobster nearshore, West
Management; D:
public comments
Coast Rock Lobster offshore,
Stakeholder
Seaweed, KZN Sardine Beach  Hold external consultative meetings Engagement; D:
Seine, Large Pelagics,
Fisheries Legal
Netfish) and Fish Processing
Support; D:
Establishments (FPE).
Communications; D:
ICT; Fishing Industry;
General Public;
Government Printers;
Service Provider
End date
Responsible Responsible
Unit (s)
person (s)
01/02/2015 31/05/2015 D: OHSFM
D: IFM
01/02/2015 31/05/2015 D: OHSFM
D: IFM
S Pheeha
D Fredericks
S Pheeha
D Fredericks
21
OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION
PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…
Annual target 1/2/0115 Targets
– 29/2/2016
Activities
Appoint Service Provider to  Request approval to appoint a
Service Provider
assist with FRAP2015 and
assess human resource
 Conclude Terms of Reference
capital
(ToR)
 Conduct bid process
Dependency
deliverable/
role players
DDG: FM; CD:
MRM; D: Supply
Chain
Management; D:
Fisheries Legal
Support;
Allocated
Start date
budget
End date
Responsible Responsible
Unit (s)
person (s)
01/02/2015 31/05/2015 CD: MRM
Siphokazi
Ndudane
 Sign a SLA with the appointed
service provider
Finalise the sector specific
policies and application
forms.
 Collate and incorporate
comments on draft policies and
application forms.
 Finalise application forms and
sector policies
 Translate final policies into
coastal languages (Afrikaans,
isiXhosa and isiZulu)
 Publish final policies and
application forms
 Announce distribution and
submission centres and call for
applications
DDG: FM; CD:
MRM; CD: FR&D;
CD: MCS; D: Supply
Chain Management;
D: Financial
Management; D:
Stakeholder
Engagement; D:
Fisheries Legal
Support; D:
Communications;
D: ICT; Fishing
Industry; General
Public; Government
Printers; Service
Provider
1/06/2015
30/09/2015 D: OHSFM S Pheeha
D: IFM
D Fredericks
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OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION
PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016 Cont.…
Annual target 1/2/0115 Targets
– 29/2/2016
Activities
Receipt of application forms •
for fishing rights in 9 fishing
sectors (Hake Inshore Trawl,
Patagonian Toothfish, Horse
Mackerel, West Coast Rock •
Lobster nearshore, West
Coast Rock Lobster offshore,
Seaweed, KZN Sardine
Beach Seine, Large Pelagics,
Netfish) and Fish Processing
Establishments (FPE).
Dependency deliverable/ Allocated
Start date
budget
role players
Collect completed
DDG: FM; CD: MRM; CD:
application forms from all FR&D; CD: MCS; D:
distribution centers
Supply Chain
Management; D:
Capture and audit data
Financial Management;
D: Stakeholder
Engagement; D: Fisheries
Legal Support; D:
Communications; D: ICT;
Fishing Industry; General
Public; Government
Printers; Service Provider
End date
Responsible Responsible
Unit (s)
person (s)
01/10/2015 30/11/2015 D:OHSFM
D: IFM
S Pheeha
D Fredericks
23
OPERATIONAL PLAN ON THE FISHING RIGHTS ALLOCATION
PROCESS (FRAP 2015) 1/2/2015 – 29/2/2016
Annual target 1/2/0115 Targets
– 29/2/2016
Activities
Allocate fishing rights in 9
fishing sectors (Hake
Inshore Trawl, Patagonian
Toothfish, Horse Mackerel,
West Coast Rock Lobster
nearshore, West Coast Rock
Lobster offshore, Seaweed,
KZN Sardine Beach Seine,
Large Pelagics, Netfish) and
Fish Processing
Establishments (FPE).

Receipt appeals in 9 fishing
sectors (Hake Inshore Trawl,
Patagonian Toothfish, Horse
Mackerel, West Coast Rock
Lobster nearshore, West
Coast Rock Lobster offshore,
Seaweed, KZN Sardine
Beach Seine, Large Pelagics,
Netfish) and Fish Processing
Establishments (FPE).

Dependency
deliverable/role
players
Assess and make decisions
on the submitted
applications
Allocated
Start date
budget
DDG: FM; CD: MRM; D: Communications;
D: Fisheries Legal
Support; Service
Publish provisional successful Provider
list

Consider objections

Communicate final outcomes
of decisions

Announce distribution and
submission centres and call
for appeals

Capture and audit data

Assess and make decisions on
the appeals

Communicate final outcomes
of decisions
Ministry; DDG: FM;
D: Fisheries Legal
Support; Service
Provider
End date
Responsible Responsible
Unit (s)
person (s)
1/12/2015 29/02/2016 CD: MRM
DDG: FM
1/03/2016 30/06/2016 DDG: FM
Minister
S Ndudane
KCM
Mannya
M Mannya
Minister
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THANK YOU
2
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