FOSAF News - Ilan Lax

“ON THE LINE” – EDITORIAL FROM THE FOSAF CHAIR – Ilan Lax

Late November and early December has been storm-ridden in our part of world. Hectic lightning and thunder and huge hail (some as big as tennis balls) have wrought havoc with homes and vehicles. Being caught out in the open during one of these tempests could have seriously tragic consequences. A few years ago, one such storm damaged our roof (then made of Marseilles tiles) so badly it had to be completely replaced. I was most grateful to have paid my home insurance. I remain so aware of the loss so many worse off than us suffer at these times.

In my previous Tippet editorial, I spoke about the important bond we as flyfishers have with aquaculture. It with a heavy heart that I must tell you about the passing of a true gentleman who selflessly led the trout value chain and aquaculture. Gerrie van der Merwe was a real mensch – a Yiddish word that implies the rarity and value of that person's qualities; what Ian Cox calls a vir bonus – the Roman concept of “a good man” or in the more contemporary and less sexist context “person” – he managed to build alliances and friendships across the length and breadth of our fair land. He was respected by everyone he came into contact with. His passing leaves all of us poorer and the best we can do, is try to follow the wise, committed and caring example he set.

FOSAF’s court application relating to the then incumbent Minister’s failure to provide sufficient information to allow for meaningful representations and objections to the 2018 draft NEMBA AIS regulations and lists has still to be heard in court. Although we secured a court date for October the legal teams requested that the case be adjourned to new dates. These will be confirmed early in 2021. Your continued support for our efforts is highly appreciated and we will let you know once dates are confirmed.

Since our last Tippet, the new Minister has published new NEMBA AIS lists and regulations. Trout are listed as invasive and various restricted activities essential to the value chain now require permits. Not only were we taken by surprise at this step by the Minister but the publication of these notices takes place against the backdrop that our other case is soon to be heard in court and if the consultation process is found wanting, the product of that process must surely be tainted. The notices have a serious flaw in that they make no provision for transitional arrangements. In addition, the notices do not give effect to the Phakisa principles agreed in 2014 and which informed the costly and time-consuming mapping process that we and other stakeholders engaged in with the Department.

As a consequence, an urgent court interdict was brought against the Minister. However, after interventions from Aquaculture SA, the case was settled on the basis that FOSAF would withdraw the interdict, but that the Minister would extend the coming into effect of the 2020 notices so that discussions could take place on how best to give effect to the 2014 agreed Phakisa principles and mapping process.

The Minister has set up a task team to engage in the the discussion process. This is proceeding well. Some possible options have been put forward for consideration by the parties and we hope to be able to report progress as soon as possible.

One of the positive outcomes brought about by these precipitous developments has been the support we have received for our position in wanting to get the case heard and the Phakisa agreements implemented. We are grateful to SACRAA for its support of the principles and the fact that it agrees that the 2020 NEMBA AIS lists and regulations should remain suspended, pending the outcome of the case on the key content of what constitutes informed consultation. This is an extremely important development of solidarity for FOSAF’s approach and commitment to holding government to good governance principles.

The draft: “National Freshwater (Inland) Wild Capture Fisheries Policy has been tabled before NEDLAC for discussion in that forum. We have received notice of a further discussion session on the draft policy. The revised draft version submitted to NEDLAC has been made available for public scrutiny. FOSAF has made provisional comment and we have requested additional inputs from our supporters in order to make a further submission. Please contact the regional committees (see the website) if you’d like to contribute to this process.

Turning to internal matters, for some years now we have been trying to find ways to make it easier for you to support FOSAF. With this in mind we have recently discussed and agreed to add a stop order option for contributions and membership. Details will be circulated shortly on how this simple and practical option can be used to facilitate your support of our many ceases and activities. If you do encounter any hiccoughs in using the new options please don’t hesitate to contact our secretariate Bronwyn Konigkramer at fosafsecretary@gmail.com. Some Club members did not receive prior correspondence because Bronwyn’s laptop was stolen and not all details had been backed up. We apologise for this and will endeavour to ensure we do better.

One good consequence of the summer storms is that they provide much needed rain for the drought affected areas. South Africa is a drought prone country. This is something we tend to forget. Some areas have still to receive sufficient rains to break the drought conditions and regenerate their waters. This is essential to all the people living under these difficult conditions who rely on this for their livelihoods and survival. We hope that the cycle turns and that the Summer fishing is something to remember positively.

Yours on the line.

Ilan Lax National Chairman FOSAF