NATIONAL COUNCIL OF PROVINCES
WRITTEN REPLY
QUESTION 582
QUESTION 582 FOR WRITTEN REPLY: MR J M G BEKKER (DA-WC) TO ASK THE
MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES:
(1) (a) What are the details in respect of the seizure of (i) fish
and (ii) rock lobster stock that belongs to a certain company
(details furnished) on 16 February 2012 which are in cold
storage at the Cape Town harbour, (b) what was the (i) date and
(ii) number of the notice of seizure, (c) what is the (i) SA
Police Service case number, (ii) date of issue and (iii) name of
the police station where the charges were laid, (d) what was the
outcome of this case and (e) what did her department do with the
unfrozen stock once the physical investigation was completed;
(2) whether the correct processes were followed in this regard; if
not, why not; if so, what are the relevant details;
(3) whether any of these stocks were (a) permanently damaged and/or
(b) destroyed by her department; if not, what is the position in
this regard; if so,
(4) whether her department will offer the owner any redress for the
(a) damaged and/or (b) destroyed stock; if not, (i) why not and
(ii) what are the legal implications in this regard; if so, (aa)
how will the stockowner be compensated and (bb) what are the
further relevant details;
(5) (a) what is the purpose of a security deposit by a stockowner
upon release of stock under investigation, (b) for how long are
the security deposits retained when (i) no charges have been
brought for a period of six months and (ii) charges have been
laid and (c) what processes must a stockowner follow to claim
the security deposit back? CW802E
Reply
1) (a) On 16 February 2012, a refrigerated container was stopped and
inspected at the container terminal in Cape Town Harbour. The
container was being exported to the USA and it was found that the
specific consignment had no export permit for the fish on board.
i. The container contained 20 Tons of Hake
ii. The West Coast rock Lobster was found at the Cold
Storage where the container in question was packed. This
West Coast Rock Lobster was seized and after inspection
found that most of the West Coast Lobster Tails were
under the legal required size limit and also a large
percentage of the West Coast Rock Lobster Tails were egg
bearing females (females in berry), serious Marine
Living Resources Act contravention.
a. The date of the notice of seizure was 21 February 2012. A
copy of the seizure notice is available.
b. (i) The SA Police Service case number is CAS 286/02/2012.
(ii) The date of issue was 22 February 2012.
(iii) The name of the Police Station is Table
Bay Harbour.
c. The case is under investigation by the Directorate of
Priority Crimes Investigation (DPCI/Hawks)
d. The West Coast Rock Lobster as seized is still in
Departmental safe keeping.
2) The correct processes were followed in this regard.
3) (a) No, none of the stock was damaged during inspection.
(b) No West Coast Rock Lobster was destroyed by the Department.
(4) This is a matter to be decided by the court at the
conclusion of the trial.
(5) (a) The purpose of the security is for the owner of the
seized fish to have the fish released to him to deal with as
he pleases. The security is then retained by the state pending
the finalisation of the trial.
(b) The security deposits will be retained until the
finalisation of the case.