One of the guiding tenets in investigative journalism is; “Follow the money”.
To that end MyPE only asked one question; “Who is the landlord for individual operators?” at the Public Meeting for the Algoa Sea Based Aquaculture Development Zone Basic Assessment Process (Fish Farm) presented at the City Hall on Wednesday, 6 March 2019.
The answer given was as follows:
DAFF/KH responded that the landlord would be Transnet National Port Authority for the sites that lie within the boundaries of the Port. VM suggested to confirm this with Transnet and include a map in the report to show this clearly.
Additional comment: A lease agreement would be signed by both parties as per the National Sea-Shore Amendment Act 1993 (No. 190 of 1993) [which] prohibits Ports Act (Act No 12 of 2005), any relevant regulations and guidelines promulgated thereof. Furthermore, the erection of buildings and structures and the laying of pipes below the high-water mark on the sea shore or in the sea without a lease in terms of the Act. In 2014, the Seashore Act was repealed with regards to the functions and powers of the Minister, but not with regards to the functions and powers of Provincial Departments. Coastal Lease Agreements are issued by the provinces (different institutions and processes).
Recognising that this provincial level system has to be repealed by a consolidated national system in terms of ICMA, the provinces were assigned the responsibility to repeal the applicable sections of the Seashore Act once a replacement system is in place and effective. None of the provinces have repealed the Seashore Act and hence, coastal lease agreements are still issued via existing administrative processes.