The Herald (South Africa)

Sink illegal fishing by applying organised crime laws — prosecutor

● ‘Strategy used to jail perlemoen kingpins should be rolled out’

- Guy Rogers rogersg@theherald.co.za

Fisheries crime is organised crime and a form of state capture.

That is the view of state prosecutor Martin le Roux, who was speaking at the second FishForce Dialogue at Nelson Mandela University yesterday.

Le Roux, who achieved a breakthrou­gh when he successful­ly prosecuted perlemoen kingpins Morne Blignault in 2018 and Julian Brown last year, said the Prevention of Organised Crime Act, which underpinne­d the two cases, gave law enforcemen­t agencies ample muscle to act.

“It provides them with the tool to do exactly what the act says.

“The challenge is to cultivate the skill and, to a degree, the political will to equip these agencies with competent people for the task.”

The success of these two trials had not so far resulted in the same approach being used to prosecute other fisheries crimes, however, and this needed to change, he said.

“All police and fisheries enforcemen­t agencies should be required to apply an organised crime lens in collecting evidence, and to train and equip officers accordingl­y.

“This requires a far greater depth of understand­ing at the highest political levels as to what organised crime is and the effect it has on the country.

“We are familiar with the term state capture, which in essence is no more than organised crime.

“The approach is based on a good understand­ing of the problem and awareness that the world’s food security is being threatened not primarily by illegal fishing, but by the transnatio­nal organised crime that it hides.”

Organised crime had no borders, so a working relationsh­ip had to develop that similarly had no borders, he said.

“FishForce might be the forerunner of a UN-controlled facility to stem illegal fishing with the tools in legislatio­n such as our own Prevention of Organised Crime Act and the similar racketeeri­ng act in the US.”

Speaking earlier, Per Erik Bergh, founder of Stop Illegal

Fishing and the FISH-i Africa task force, said the “blue economy”, hailed as the new frontier of the African renaissanc­e by the African Union, was presently failing.

Africa’s Blue Economy Strategy to guide the sustainabl­e developmen­t and use of aquatic resources in Africa was signed into force in Addis Ababa in 2019 but, skewed as it was towards short-term commercial exploitati­on, it was set to capsize, he said.

“Political pressure on public servants to make more money on fisheries results in flagging and licensing of vessels without any due diligence, increasing risks related to illegal fishing and fisheries crimes.”

Vessels engaged in illegal fishing were often involved as well with the smuggling of drugs and wildlife, and human traffickin­g, he said.

Illegal fishing was already difficult to police because it often took place out of sight on the high seas or below the surface, and it was further complicate­d and characteri­sed by a maze of forged authorisat­ions, the changing of vessel markings, rife corruption and no political support.

Deliberate non-compliance was a disturbing pattern in many fisheries’ fleets with the Chinese leading the way, he said.

“I dare to claim they are 100% non-compliant.”

 ?? Picture: GUY ROGERS ?? COMPELLING SPEAKERS: State prosecutor Martin le Roux, left, and Stop Illegal Fishing founder Per Erik Bergh at the second FishForce Dialogue at NMU yesterday
Picture: GUY ROGERS COMPELLING SPEAKERS: State prosecutor Martin le Roux, left, and Stop Illegal Fishing founder Per Erik Bergh at the second FishForce Dialogue at NMU yesterday

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