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Bato Star Fishing (PTY) Ltd v Minister of Environmental Affairs [2004] ZACC 15; 2004 (4) SA 490

Country/Territory
South Africa
Type of court
National - higher court
Date
Mar 12, 2004
Source
UNEP, InforMEA
Court name
Constitutional Court of South Africa
Seat of court
Braamfontein
Judge
O'Regan
Reference number
CCT 27/03
Language
English
Subject
Wild species & ecosystems, Fisheries
Abstract

This application for special leave to appeal to this Court against a judgment of the Supreme Court of Appeal (the SCA) concerns the allocation of fishing quotas.  The applicant, Bato Star Fishing (Pty) Ltd, is dissatisfied with the allocation it received in the 2001 allocation process for the 2002 – 2005 fishing seasons and it seeks to review that allocation decision.  The review succeeded in the Cape High Court (the High Court), but, on appeal, that judgment was overturned by the SCA.  The case raises the question of the extent to which such a decision is susceptible to review under our new constitutional order.

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