Fishing for equality in marine spatial planning

• Jurisdiction: South Africa
• Citation: 2018 JOLGA 52
• Pages: 52-77
• Published date: 14 April 2020
• Author: Masekam N.
• Date: 14 April 2020

52

FISHING FOR EQUALITY IN

MARINE SPATIAL PLANNING*

NTEMESHA MASEKA†

LLD Candidate, Nelson Mandela University

RACHAEL CHASAKARA‡

LLD Candidate, Nelson Mandela University

Rooted in the ambitions to achieve a more sustainable use of marine

resources without exceeding environmental thresholds, marine spatial

planning has emerged as a process that may enable a balancing of

various interests and objectives to promote sustainable ocean

governance. In South Africa, the marine spatial planning process will

be guided by the principles set out in section 5 of the Marine Spatial

Planning Act, 2018 (Act 16 of 2018). This paper examines one

principle, namely ‘the promotion of equity between and transformation

of sectors’, which is listed in section 5(1)(g). The meaning and

implications of this principle are explored in the broader context of

the constitutional right to equality and applied to small-scale fishers.

[Keywords] Marine spatial planning, equality, small-scale

fishers, ocean governance.

I INTRODUCTION

The vision envisaged for marine spatial planning (MSP) within

South Africa’s marine environment includes an ocean that is

equitably governed, sustainably developed and managed for the

benefit of all.1 This vision, which seeks to balance economic,

social and ecological aspirations, must be shared by all organs

of State responsible for the regulation of human uses in South

Africa’s ocean space.2 The Marine Spatial Planning Act, 2018

* This title is inspired by M Sowman et al ‘Fishing for equality: Policy

for poverty alleviation for South Africa’s small-scale fisheries’ (2014)

46 MP 31. The article is also based on excerpts from R Chasakara The

Constitutional and Human Rights Aspects of Marine Spatial Planning

(unpublished LLM dissertation, Nelson Mandela University, 2018).

† LLB LLM.

‡ LLB LLM.

1 See Department of Environmental Affairs National Framework for

Marine Spatial Planning in South Africa (2017) 27 (MSPF, GN 936 in

GG 40219 of 26 May 2017).

2 Ibid.

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Fishing for equality in marine spatial planning 53

(MSPA),3 which provides the legislative framework for MSP

in South Africa, sets out the principles which support the

above-stated vision and will guide the MSP processes. These

principles determine the nature and characteristics of those

processes as well as the results to be achieved through MSP.

The principles are succinctly set out in section 5 of the MSPA,

but their implementation is not likely to be straightforward.

This article examines the principle listed in section 5(1)(g):

‘the promotion of equity between and transformation of

sectors’. This principle is examined in light of the impact

the ocean management measures envisaged through MSP

will have on small-scale fishers. To achieve this, the article

begins by framing the context of small-scale fishers and

section 5(1)(g) to provide an analytical framework for the

discussion as a whole. Thereafter, the small-scale fishers’ right

to equality is explored in the context of the envisaged MSP

ocean management measures. The article closes by highlighting

that the small-scale fishers’ search for equality is not in vain.

However, a delicate balance needs to be struck between socio-

economic and environmental considerations.

II FRAMING THE CONTEXT: THE PEOPLE AND THE

PROVISION

(a) The people: small-scale fishers

South Africa’s coastline is home to communities that have

historically harvested an array of marine resources for their

basic subsistence and livelihood.4 The shared context among

some of those coastal communities is a combination of high

levels of poverty, food insecurity and unemployment, with

minimal opportunities to earn an income outside of fishing.5

An example is the Maputaland coastal community in

KwaZulu-Natal, which experienced considerable exclusion

and marginalisation during apartheid due to its geographic

isolation, reliance on remittances and the largely subsistence

nature of fisheries production in the region.6 As a result of this

3 Act 16 of 2018.

4 See Sowman et al op cit title note at 33.

5 Ibid at 34.

6 See B C Glavovic, C Cullinan & M Groenink ‘The coast’ in N D King,

H A Strydom & F P Retief (eds) Environmental Management in South

Africa 3 ed (2018) 653 and 658; Sowman et al op cit title note at 32.

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