Abalone Rights Holder Challenges Verification Process
Anton Kruger, a commercial abalone rights holder, has reported that the Department of Forestry, Fisheries and the Environment (DFFE) is withholding his permits — along with those of other rights holders — on the basis of alleged breaches of permit conditions, before the matter has been tested in court.
Kruger circulated a detailed letter to prominent Democratic Alliance (DA) politicians, appealing for intervention. He hoped for swift corrective action, but no meaningful response followed. Instead, he was contacted by Mr. Cheslyn Liebenberg, a senior official overseeing the Department’s “verification team.” Despite weeks of correspondence, Kruger’s submissions were dismissed, and the team insisted on issuing him a fine.
Painful Verification Process
Kruger travelled over 100 km to Cape Town to face the verification team. He was presented with a fine document that allowed only for an admission of guilt, with no option to acknowledge receipt while disputing the allegation. Attempts to qualify his signature were rejected, leaving him with little choice but to comply under protest.
The background to this process lies in allegations that many rights holders had misrepresented their abalone harvesting locations, recording dives in depleted zones while actually harvesting at Robben Island. In response, the Department categorized rights holders into four groups, with only Category 1 holders deemed compliant. Others were required to undergo verification before permits could be issued.
Kruger’s VMS transmissions confirmed he harvested his quota at Cape Point, a depleted zone, and not at Robben Island. Despite this, his permits were withheld and a fine imposed. Liebenberg argued that releasing Kruger’s permit would be “unfair” to other rights holders, effectively admitting that broader irregularities may exist across categories.
The Catch-22
Kruger refused to sign an admission of guilt but agreed to accept the fine and submit to the legal process. However, the court date was set after the close of the abalone season, meaning he would lose his income if he pursued justice. The choice was stark: pay a R2,500 fine or forfeit an income worth R50,000.
“This is checkmate,” Kruger said, noting that most rights holders opted to pay fines rather than risk losing their livelihoods, even when they believed they had legitimate defences.
Key Grievances
Kruger outlined several concerns with the process:
- No notification was issued to Category 1 rights holders about verification requirements.
- More than two years have passed since the season under review, with critical information lost.
- The Department failed to act with urgency, yet now claims the matter is pressing enough to withhold permits.
- First notification came only when permits were withheld, late in the season.
- The penalty far exceeds the fine, effectively amounting to extortion.
- Court dates are scheduled after the season, denying rights holders realistic access to justice.
- The verification team’s conduct has been described as bullying, irrational, and abusive.
- The DA, despite overseeing DFFE, has not intervened.
What Should Be Done
Kruger argues that:
- The DA must intervene to ensure lawful, accountable governance.
- Permits should be released until due process is concluded in court.
- Rights holders who paid fines under pressure should receive refunds, apologies, and the chance to defend themselves properly.
- Officials responsible for abuses should be held accountable.
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