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Gongqose and Others v Minister of Agriculture, Forestry and Fisheries and Others, Gongqose and Others v S (1340/17, 287/17) [2018] ZASCA 87

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Gongqose and Others v Minister of Agriculture, Forestry and Fisheries and Others, Gongqose and Others v S (1340/17, 287/17) [2018] ZASCA 87

1st June 2018

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Click here to read the full judgment on Saflii

Section 211(3) of the Constitution – customary law – fishing in marine protected area in contravention of Marine Living Resources Act 18 of 1998 (MLRA) – exercise of a customary right of access to and use of marine resources – a defence to unlawfulness – MLRA not legislation dealing specifically with customary law – customary right not extinguished – appeal upheld.

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