Are South African administrative law procedures adequate for the evaluation of issues resting on scientific analyses

 

Show simple item record

dc.contributor.author Butterworth, Doug S
dc.contributor.author de Oliveira, Jose A
dc.contributor.author de Moor, Carryn L
dc.date.accessioned 2016-04-21T09:59:43Z
dc.date.available 2016-04-21T09:59:43Z
dc.date.issued 2012
dc.identifier.citation Butterworth, D. (2012). Are South African administrative law procedures adequate for the evaluation of issues resting on scientific analyses. South African Law Journal, 129, 461. en_ZA
dc.identifier.issn 0038-2388 en_ZA
dc.identifier.uri http://hdl.handle.net/11427/19089
dc.description.abstract This article traces, from a critical perspective, the way in which the various courts that were seized of the matter reviewed the scientific approaches to the allocation of fishing quotas for sardine and anchovy in Foodcorp (Pty) Ltd v Deputy Director General, Department of Environmental Affairs and Tourism: Branch Marine and Coastal Management & others. The article explains the scientific basis that underpinned the allocations (Total Allowable Catches) made by the Department of Environmental Affairs and Tourism in terms of the Marine Living Resources Act 18 of 1998 in the early 2000s. It then considers the approach adopted by both the Cape High Court and the Supreme Court of Appeal to these allocations. In all except the first of these cases, the courts found the allocations to have been irrational in terms of the requirements of administrative law. The authors argue that this occurred because of a failure on the part of the respective courts to understand the science behind the quota allocations. The authors argue that there is a need for courts to be more open to seeking guidance from experts in the scientific community to ensure that these issues are properly understood in the future. en_ZA
dc.language eng en_ZA
dc.publisher Juta Law en_ZA
dc.source The South African Law Journal en_ZA
dc.source.uri http://reference.sabinet.co.za/sa_epublication/ju_salj
dc.subject.other South African administrative law procedures
dc.subject.other scientific analyses
dc.title Are South African administrative law procedures adequate for the evaluation of issues resting on scientific analyses en_ZA
dc.type Journal Article en_ZA
dc.date.updated 2016-04-21T09:57:50Z
uct.type.publication Research en_ZA
uct.type.resource Article en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Science en_ZA
dc.publisher.department Marine Resource Assessment and Management Group en_ZA
uct.type.filetype Text


Files in this item

This item appears in the following Collection(s)

Show simple item record