Because of the urgency of the matter and the dire threat to the whole trout value chain Aqua SA became involved and held a meeting with Minister Creecy in Pretoria yesterday. The following statement was issued at the conclusion of the meeting:


The Notice of withdrawal states as follows:

“BE PLEASED TO TAKE NOTICE that the parties to the above matter have concluded an agreement in the following terms:

1. The Minister/ Respondent will extend the date of the commencement of the 2020 AIS Lists and 2020 AIS Regulations, published on 18 and 25 September 2020 respectively in Government Notices Numbers R 1003 and R 1020, to 1 March 2021. Notices to this effect will be published in the Government Gazette as soon as is reasonably possible. [I have seen an email confirming this will on Friday]

2. The Applicant [FOSAF] will withdraw its urgent application against the Respondent under case number 50804/2020 in the Gauteng Division of the High Court on the basis that each party will bear its own legal costs.”

The Minister has instructed the Department to put together a task team to work with Aqua SA to find workable solutions to some of the governance and other practical matters discussed at the meeting with Aqua SA.  She wants a first report in 6 weeks.

Our other case about “informed consultation” and section 100 of NEMBA, has been set down for hearing on 26 October 2020.

We are very pleased that we were able to reach a positive conclusion to the urgent interdict and appreciate the cooperative manner in which discussions are being held.”

This gives FOSAF and its allies a bit of breathing space in which to negotiate a more acceptable conclusion to this crisis. As you will note from the above FOSAF will be in court by October 26 and even if they win the case there will still be much work to be done in settling this issue.

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