It seems as if the Minister was trying to blame the DA for blocking the Bill. The simple fact is that she knew the Bill would not be passed in time.
To add insult to injury, when I asked legitimate questions about the correct tagging of the Bill, I was accused of trying to block it. As a lawmaker, it is my obligation to the oath I took in this House that compels me to make sure that we pass good Bills which will pass constitutional muster. I was proven right, and the Bill was only tagged as a section 76 Bill last week.
This means that the Bill now has to go the various provinces for more consultation. I'm thus afraid that it will not be signed into law by the end of this year - which would have enabled the department to allocate the long-term fishing rights these people want - but rather only by the end of next year. It is like promising a child a sweet, but then only giving him the wrapper with no sweet inside. This is a disgrace, Minister!
We, the DA, demanded that our position be recorded regarding a clause that was inserted by hon Phaliso, who thought that it was better to define "marginalised people". The legal advisors advised against it. She insisted that it be put in, and then the chairperson made a ruling that it be done. The simple fact is that the phrase "and only marginalised groups" casts the net wide, which is more acceptable in law-making. The next point I want to make is that these fishing communities, through the Small-Scale Fishing Policy, will now be forced to belong to co- operatives. People have a constitutional right to freedom of association and freedom of choice. Therefore, it must be a choice, and not a prerequisite to get a right. Co-operatives also have bad track records in fishing communities. Hon Hill-Lewis will talk about that some more.
Furthermore the Bill will change the status of current subsistence fishermen - about 6 000 people in the Eastern Cape and KwaZulu-Natal - to small-scale fishermen. This has serious implications, considering the significant number of subsistence quota holders, their isolated location, their inaccessibility to Department of Agriculture, Forestry and Fisheries control officials, and the lack of any legal, socioeconomic research into or analysis of what it would mean to migrate these quota holders into the small-scale fishermen category and force them into co-operatives. It is not feasible to simply remove the largest single recognised category of fishermen from the Statute Book without a concrete plan to assist them going forward.
Today the DA reiterates its support for the empowerment of fishermen and fishing communities, but strongly urges this House and its counterparts in the NCOP not only to do the job of empowering fishermen, but also to do it well. I implore the provinces, the department and the Minister to put aside all political interests and to do what is best for the fishermen. What is best for the fishermen is for this Bill to be passed without any further delay, and therefore we support it.
The DA will continue to represent and champion the rights of the fishing sector. Like other sectors, the fishing sector contributes to the wellbeing of this country. They are our people. Let us give them not only our support, but also the freedom to exercise their constitutional rights and remain law-abiding patriots of this country. Surely this is not too much to ask? Thank you. [Applause.]