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Nabbed fishermen claim customary rights to harvest fish
A Wild Coast community, reports Business Day, has told a magistrate that the community's fishing tradition and its customary system of law providing access to the sea gives them the right to fish a the Dwesa-Cwebe Reserve, a marine protected area.
Business Day says that the community representatives are using the South Africa Constitution's protection of customary laws and traditions as its defence. The representatives appeared in the Elliotdale Magistrate's Court on charges of fishing in a marine protected area inside the reserve.
The three members have pleaded not guilty to the charges.
The Business Day report says the three were charged under the Marine Living Resources Act and the Transkei Decree (9 of 1992), which has not yet been repealed even though the Transkei no longer exists.
For more:
- Business Day: Customary law cited by trio fishing in reserve