Shaheen Moolla from Feike – an independent natural resources advisory firm based in Cape Town – holds two degrees from the University of Witwatersrand, Johannesburg (BA International Relations & LL.B). Shaheen is currently a director of Feike and served as Special Legal Adviser to South Africa’s Minister of Environmental Affairs and Tourism, Valli Moosa. He also served as head of South Africa’s fisheries management and compliance unit, Marine and Coastal Management. Shaheen is a member of the IUCN’s Commission on Environmental Law: Oceans, Coastal and Coral Reef Specialist Group and serves on the WWF Marine Programme.
Then why should I – a lowly scribe from Port Elizabeth – not think that something is off in the world of environmental affairs when Shaheen makes some pretty damning allegations against The Department of Environmental Affairs, the Minister of Water and Environmental Affairs – Ms Edna Molewa MP, Anban Padayachee and Lloyd Edwards of Raggy Charters?
In a recent blog post Shaheen said:
Minister of DEA makes startling admissions
In November 2010, the DA addressed correspondence to the Minister of Environmental Affairs on the concerns raised by Feike and others regarding the blatant illegal conduct of Raggy Charters – an illegal Boat Based Whale Watching (BBWW) operator in the PE area – that was provisionally allocated a BBWW permit despite an evidence bank of illegal conduct and the fact that the entity’s black empowerment partner was a senior employee of SANPARKS which is not only part of the department of environmental affairs (DEA) but also in charge of compliance and enforcement in the area in which Raggy Charters operates (illegally) as a BBWW operator.
On 31 January 2011, the Minister of DEA, Ms Molewa, responded to the DA letter and made some profoundly amazing admissions that perhaps confirms the extent to which DEA is willing to go to “protect” Raggy Charters and also indicates the amateurish legal advice that is provided to the Minister.
Although DEA initially flatly denied that a conflict could exist, the Minister confirms in her reply to the DA (31 January 2011) that they now agree that there is a conflict but Raggy Charters was allowed to amend its ownership profile and the Minister states that she considers the matter “closed”. Unfortunately for the Minister, her admission that Raggy Charters was allowed to change its ownership profile after the application closure deadline is fatal to the legality of the application and appeals processes at least in the PE region. If Raggy Charters is allowed to amend or fix what is now accepted by the Minister as a material defect or “application killer”, then all other applicants must be allowed the same opportunity to attend to any other material defects. There is substantial case law about how such processes must be dealt with and what can and can’t be done after application deadlines.
Minister, your legal advisers have shot you in the proverbial foot at least twice with this admission alone! But the Minister is then encouraged to re-load and prepare to pull the trigger again!
The Minister then confirms that despite the avalanche of clear and unequivocal illegal activity by Raggy Charters, her department could simply not find any reason to commence with any investigation or impose any sanction. She confirms further that Raggy Charters does not even advertise illegal BBWW on its website! Does the Minister and her minions not realise that before we make the allegation we first gather the evidence? So why do we have website printouts with date stamps proving that Raggy Charters advertises illegally that it BBWW? And why did her “investigators” not contact Feike or any person in the industry to test our allegations or require us to provide affidavits? (MyPE Editor’s Note: Or check the listing for Raggy Charters on MyPE that advertises Whale Watching?)
For example, Raggy Charters advertised on 7 October 2010 on a readily accessible advertisement page that “Raggy Charters offers a boat-based whale watching in Algoa Bay. Join them for a chance of seeing Humpback, Southern Right, Bryde’s and Killer whales.” * That is a blatant admission of illegal BBWW and ought to render their application defective under DEA’s own policy and regulations. PS Minister: Your officials could have warned Raggy Charters to remove the admissions of illegal BBWW from their website, but unfortunately we have print-outs of the website showing these illegal admissions and there are numerous other sites on which Raggy Charters advertised and continues to advertise their illegal operations that cant be “erased”.
The most reasonable inference is that Raggy Charters is on the DEA’s “protected species” list.
So, Madam Minister why are you and your department so desperate to shield Raggy Charters from sanction that you even admit to unlawful acts in writing? Clearly there are reasons for the protection being laid on. Let us give the Minister and her officials the benefit of doubt and put this all down to utter incompetence; even laziness to do their jobs.
And so, if that is the case we will simply have to get a court of law to once again force these public servants to respect the rule of law and act legally and accountably. The Minister’s letter of 31 January 2011 is of great assistance and we thank her for the candid admissions.
Go to: Minister of DEA makes startling admissions to see more.
* Raggy Charters Ad can still be seen on: Jeffreysbay.com | A1Knyaston.co.za | GreaterAddo.com and more.
Background to the above:
During a Parliamentary session on 4 June 2010; Question No. 1815 – in Internal Question Paper No. 16 NW2093E, Mrs S V Kalyan (DA) Secretary to Parliament, with reference to Raggy Charters and the Boat Based Whale Watching Permit allocation, asked the Minister of Water and Environmental Affairs:
(1) (a) In which (i) directorate of the Department of Environmental Affairs or (ii) entity reporting to her is a certain person (name furnished) employed and (b) what is his (i) designation and (ii) annual salary package;
(2) whether a business wholly or part-owned by this person applied for a boat-based whale watching permit; if not, how was this conclusion reached; if so, what are the relevant details;
(3) whether it is permissible for a business of an employee of her department or entity reporting to her to apply for a boat-based whale watching permit; if not, why not; if so, how was this conclusion reached;
(4) what are the (a) names and (b) designations of all individuals who sit in the committee that decide who are the successful applicants in the boat-based whale watching sector?
The Minister of Water and Environmental Affairs answered as follows:
(1) (a) (i)The named person is not a departmental employee. (ii) He is employed by SANParks and works at the Addo Elephant National Park.
(b) (i) His designation is a Senior Section Ranger Woody Cape. (ii) His annual salary can be obtained from SANParks.
(2) Yes, he is part-owner of a business that applied for a boat-based whale watching permit.
(3) In general it is acceptable for a SANParks official to be a member of an entity which applies for a permit, provided that such interest is declared and the person does not participate in the process of awarding the permit. According to SANParks the employees are then, after approval according to internal rules of the entity, able to conduct their business. However, this is done with own resources and outside the working hours of the entity.
(4) The process is led by an advisory group comprising the following:
* Suraya Hamdulay (Consultant, Resolve Group),
* Adv Johan de Waal (Resolve Group),
* Adv David van de Linde (Resolve Group) and
* Herman Oostuizen (Department of Environmental Affairs).The group make recommendations to Dr Razeena Omar (Chief Director of Integrated Coastal Management within the Department of Environmental Affairs) who is the delegated authority. Appeals go to the Minister of Water and Environmental Affairs.
On 26 November 2010 a follow up communique was sent from from DA MP Gareth Morgan to Ms Edna Molewa MP the Minister of Water and Environmental Affairs:
Dear Minister Molewa
Action required against Raggy Charters
Early this year I took an interest in Raggy Charters’ application for a Boat Based Whale Watching Licence. They appeared on your Department’s interim list, and to this date the actual licence has NOT been awarded. It was the subject of parliamentary question number 1815 of 2010. The business is part owned by Anban Padayachee, an employee of SANParks, which is an entity that reports to you and the Department of Environmental Affairs. And needless to say, the Department of Environmental Affairs awards BBWW licences. In the reply to the question by your predecessor, your predecessor expressed no concerns about what I would regard as a conflict of interest. I remain of the opinion that DEA should never have even placed Raggy Charters on the interim list.
Notwithstanding the above situation, I am aware that Raggy Charters is operating illegally. In other words they are conducting charters and openly advertise whale watching as a service on their website (www.raggycharters.co.za), despite not having a licence. There is photographic evidence that has been presented to your department. This has been reported to Alan Boyd in your Oceans Branch and yet no action has been taken by Mr Boyd. It is a gross dereliction of duty for an official of your department to be aware of illegal activity and to take no action to rectify the situation.
Please investigate the operations of Raggy Charters. In addition, please compel officials in the Oceans Branch to do their jobs. I look forward to your urgent response. I will not hesitate to lay a criminal charge against any official who is being negligent in not doing their job if this matter is not attended to.
Sincerely
Gareth Morgan MP
Of course like everything else involving our esteemed government leaders the whole BBWW scenario involves huge amounts of money so one can only conclude that following the smell of money and smoke emanating from the rapid exchange of paper that the process is once again being corrupted by all.
Find out more about the permit application process here: R8 249.00 to Apply for Whale Watching and Shark Diving Permits.
Queering the quest for information a bit more is the following:
- The www.mcm-deat.gov.za web site index page says it is under construction BUT is still accessible via Google Search and on THIS PAGE – http://www.mcm-deat.gov.za/ecotourism/whale_operators.html – says; “Marine and Coastal Management has authorised those operators listed below to lawfully operate a boat based whale watching business.” NONE are listed.
- When asked, Raggy Charters refused to comment and I found this statement on their web site; “Please note that Raggy Charters was the successful Applicant for the Boat Based Whale Watching Permit for Port Elizabeth. There was only one permit issued. The Department of Environmental Affairs has declared that we may not start operating until after the internal appeal process which closes on the 2th August 2010. The Department will be taking measures to ensure that operators adhere to the regulations. It is for this reason that Raggy Charters will not undertake Whale Watching cruises (ie being closer than 300 metres to whales)until we have been informed of the outcome of the appeal process. We are confident that our provisional success will be upheld as we were given an overall assessment score almost 10% higher than the closest applicant. We will however still be doing Penguin Island Cruises as well as our other tours. Please watch our website for updates.”
- The South African Boat Based Whale Watching Association only lists six tour operators that are allowed to do Boat Based Whale Watching here – http://www.sabbwwa.org.za/index.php/Our-Members/ and Raggy Charters is not one of them.
- A google.co.za search for the term; “legal boat based whale watching” operator, reveals 393 results and doesn’t mention Raggy Charters (not conclusive, I know).
- Nowhere can I find a universally recognised logo that will readily identify a South African Boat Based Whale Watching operator as a properly certified and legal Boat Based Whale Watching outfit.
Once again it seems that a combination of government ineptitude, creative use of loopholes and failure to think a plan through will kill a potentially lucrative tourism industry. I wonder if NMBT would like to investigate this sad state of affairs?
Alan Straton
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Sick that 17 years into democracy, we still need to have a black partner to conduct business. Stinks like Nazi Germany!!!
Sick that 17 years into democracy, we still need to have a black partner to conduct business. Stinks like Nazi Germany!!!