After a bitter battle over almost four years, fishermen might finally be allowed to return to the Durban Harbour.
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After a bitter battle of almost four years, fishermen might finally be allowed to return to Durban Harbour.
Durban Harbour authorities are reconsidering a ban imposed by Transnet National Ports Authority that prevented fishing at the harbour and its North and South piers in 2009.
The International Ship and Port Facility Security Code, developed in response to the perceived threats to ships and port facilities in the wake of the 9/11 attacks in the US, had been used to keep fishermen out. Areas off limits in terms of the ban included Grunter Gully, Round Bush and South Pier.
Durban Harbour Master, Dennis Mqadi, yesterday said discussions with Durban fishermen were continuing and a final decision would be made within the next two weeks.
Spokesman for the Subsistence Fishers Forum, Desmond D’sa, said yesterday that they were first informed by Transnet in April that the ban had been overturned.
He hailed it as a “major” victory to be finally recognised as port users after many protests and years of fighting to be allowed access.
The forum had appealed the 2009 ban before the ports regulator.
They challenged the ban in February last year on several grounds, including that subsistence fishing had been taking place in the port since time immemorial, and that such fishing was recognised by international law.
The forum also claimed that the ban infringed on their right to food and freedom of movement.
They argued that they were “port users” as it is understood in the National Port Act. The fishermen would now be given permits free of charge, D’sa said.
He insisted that only subsistence fishermen would benefit from the lifting of the ban, but Mqadi would not confirm this.
“We only saw action when we took the matter to the regulator. Over the years, fishermen could not fish in peace as they had to constantly worry about the metro police. Spot fines were always being issued as well as warrants,” D’sa said. “We then went to the regulator with the help of our pro bono lawyers. These cases always ended up being thrown out because Transnet and the metro police never showed up,” he said.
“The saddest thing was that people who had boats could happily fish around the harbour, but not us. We were treated like terrorists.”
D’sa said a lot of the fishermen had lost their jobs as the result of factories closing down years ago.
“For them fishing is not just a hobby, but it is their livelihood. Our lawyers helped us through every step and we are very grateful.”
D’sa said they would hold a meeting in Clairwood on May 19 where thousands of fishermen would apply for permits.
“It really has been a long road for us and I am very excited that we are all finally going to have our permits. This is a victory for every fisherman in this city.”
D’sa said the permits would allow them to fish at the harbour, South Pier and later the North Pier, once the roadworks and other construction around the beachfront have been completed.
mpume.madlala@inl.co.za
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