Abstract:
Prior to 1993, freshwater angling in South Africa had been governed by the
respective nature conservation legislation of the four South African provinces, the
four “independent homelands" and the six so-called Bantustans. In 1993 a South
Africa with nine provinces was created, of which only Limpopo and Mpumalanga
promulgated its own laws governing freshwater angling.
From 2008 angling for listed threatened and protected freshwater fish species has
been regulated by the National Environmental Management: Biodiversity Act,
supplemented by the Threatened or Protected Species Regulations. In addition, it is
anticipated that the Alien and Invasive Species Regulations, which will regulate
angling for listed alien and invasive freshwater fish, will be promulgated in the near
future. The result is that freshwater angling is currently being governed by a plethora
of pre-1993 provincial, homeland and Bantustan legislation, two post-1993 provincial
acts, as well as post-1993 national legislation.
In this dissertation the South African freshwater angling legislative framework was
critically analysed. It was found that the multitude of fragmented and complex laws,
created 15 “angling provinces” which leads to confusion amongst anglers and
government officials alike. In the process legal certainty and reasonableness,
cornerstones of a sound legal system, are being compromised, indigenous
freshwater fish are not adequately protected and alien or invasive freshwater fish are
not properly managed.
In the light of the above, and after taking comments by anglers and enforcement
officials into account, recommendations are made for an improved legislative
framework for freshwater in South Africa. It is recommended that all freshwater fish
species be managed and/or protected on a catchment basis, as opposed to the
current provincial basis. This will ensure legal certainty and reasonableness and that
all indigenous freshwater fish which are subject to the similar threats are protected
adequately and uniformly.
