On Friday 29 May 2009, in the Cape High Court, Judge Dennis Davis dismissed an application by the West Coast Rock Lobster Association (WCRLA) for leave to appeal against his earlier rejection of an application by the WCRLA to stop the then Minister of Environmental Affairs, Marthinus van Schalkwyk, from issuing interim relief fishing rights to 1000 artisanal fishers. Judge Davis initially ruled against the WCRLA in October 2008.

In 2007 Masifundise, an NGO working in fishing communities, together with others took the Minister to the Equality Court claiming that traditional fishers have been discriminated against by virtue of them not being accommodated in the new long term fishery management regime. The Equality Court judge issued a ruling that compelled the Minister to issue fishing exemptions, under the Marine Living Resources Act, while his department develops a new fishing policy for the subsistence and small scale sector. These exemptions have been extended over the last three years while the department develops this new policy together with Masifundise and fishing community representatives from all four coastal provinces. The process of formulating this policy is still continuing.

Advocate Trengrove, representing the fishers, argued that the High Court should not be in a position to pass a judgment that contradicts a valid order issued by a judge in the Equality Court. This would place the Minister in the untenable position of not being able to implement what another judge had ordered him to do. He argued that the WCRLA should have "applied to join the Equality Court, as a possible affected party, when the original case was argued". Judge Davis concurred, stating that this High Court is "not competent" to make a ruling that would contradict an Equality Court order that enabled poor and destitute fishers from also making a living.

Naseegh Jaffer, Director of Masifundise, hailed this decision as "yet another victory on the road to justice for small scale fishing communities". "Big business cannot have the monopoly over natural marine resources. Fish and fishing have provided food and supported the livelihoods of millions of people for generations. It is high time that business must accept the right of fishers to make a decent and honest living for them selves. Business must now back off from the near shore fishing areas so that poor traditional fishing communities can regain their right to their tradition and co-manage the resource in a responsible manner" Jaffer argued.

Hahn Goliath, Chairperson of Coastal Links and a fisher from Doringbaai who benefited from the interim relief was relieved that this case is now over. "We will approach the new Minister to make sure that the policy is finalised for our communities as soon as possible" he said. "There is no more time to waste resources on court cases like this. This money could have been better used to reduce poverty and promote development in our communities" he insisted.

Jaffer also called business to now come and work with government and communities so that the new policy can be completed in a way  that ensures equity.

Judge Davis dismissed the application with costs.

Naseegh Jaffer - Director of Masifundise