Cape Argus

Fishing rights allocation process under spotlight

Bid calls for suitable service providers to render a forensic audit of applicants

- GIVEN MAJOLA given.majola@inl.co.za

THE DEPARTMENT of Environmen­t, Forestry and Fisheries (Deff) has advertised a bid calling for suitable service providers to render a forensic audit of applicants for the 2015/16 Fishing Rights Allocation Process (Frap2015/16) and to conduct ad hoc forensic investigat­ions for Frap2020/21.

The Deff’s spokespers­on, Albi Modise, said yesterday that the bid closed on November 23.

“Expression­s of interests are currently being considered. A suitable service provider will be appointed in January 2021, and it is expected that the appointed service provider will perform extensive forensic audit functions on right holder’s informatio­n submitted during Frap2015/16 in order to address the allegation­s received by the department of various right holders having provided falsified informatio­n for Frap2015/16. The service provider will also conduct ad hoc investigat­ions on Frap2020/21 applicatio­ns,” said Modise.

Last month, the Broad-based Black Economic Empowermen­t (B-BBEE) Commission found that African Tuna Traders, Umbhalo Trading and Homotsego Trading had contravene­d the B-BBEE Act, and has referred its findings to the Deff for considerat­ion.

This was after an investigat­ion revealed that the credential­s of black employees were presented as black shareholde­rs for the purposes of obtaining the fishing rights with which African Tuna Traders trades, with no participat­ion or economic interest for the employees.

Section 13A of the B-BBEE Act permits organs of State to cancel a contract or authorisat­ion awarded on account of false informatio­n relating to B-BBEE status.

The complainan­t was Phephe Elias Khekhe, who was employed as a driver of Africa Tuna Traders from 2001 until his employment was terminated in 2010.

He was also appointed a director of Umbhalo Trading and Homotsego Trading, entities created by his employer, effective from August 1, 2004, and on April 14, 2010, and November 24, 2014, respective­ly.

The B-BBEE Commission said that in practice, all three entities were operated by members of African Tuna Traders, Jonathan Ronald van Breda and Christophe­r Fergus Hamel, each of whom had a 50 percent member’s interest, without the participat­ion of and/or economic interest to black people who were presented as shareholde­rs.

This week, the Deff confirmed to Business Report that it had received the referral from the B-BBEE Commission on this matter.

Modise said Deff was in consultati­on with the B-BBEE Commission to solicit more informatio­n and all the relevant documentat­ion concerning the complaint, the investigat­ion and the findings.

“In compliance with administra­tive justice, once all the informatio­n has been provided and the Department is satisfied, the right holders will be engaged in terms of section 28 of the Marine Living Resources Act, (Act No 18 of 1998) to show cause as to why their fishing rights, licences and/or permits should not be revoked, suspended, cancelled, altered or reduced, as the case may be,” said Modise.

The Deff said that over the past five years, there were anecdotal reports in the fishing industry that had not been verified of historical­ly disadvanta­ged individual­s being used to front for non-transforme­d entities.

 ?? AYANDA NDAMANE African News Agency (ANA) ?? THE Department of Environmen­t, Forestry and Fisheries says there have been anecdotal reports of historical­ly disadvanta­ged individual­s being used to front for non-transforme­d entities in the fishing industry. |
AYANDA NDAMANE African News Agency (ANA) THE Department of Environmen­t, Forestry and Fisheries says there have been anecdotal reports of historical­ly disadvanta­ged individual­s being used to front for non-transforme­d entities in the fishing industry. |

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