Ndlovu,PreciousRanchod,Sunil2025-05-062025-05-062024https://hdl.handle.net/10566/20371The fishing industry in South Africa is distinguished by the various species of fish that can be caught and by the scale of operations required to undertake the various type of fishing activities. Furthermore, the industry is broadly divided into the commercial sector and the small-scale sector. Most of the commercial fishing takes place in the Western Cape. The HDST fishery and the SMP are the largest commercial fisheries and are the largest contributors to employment figures in the industry. The main body of legislation governing the fishing industry is the MLRA, and has, as one of its objectives, the transformation of the industry by broadening access to the industry. This means addressing past imbalances and broadening participation of HDPs in the fishing sector. The fishing industry is also a strategic sector for food security and employment. The Competition Act and the MLRA, not only intersect by virtue of commercial and small-scale fishing qualifying as economic activities, but both statutes have public interest or transformation objectives. The transformation of the fishing industry is seen as a constitutional and legal imperative. During the process of applying for commercial fishing rights, one of the main criteria is the transformation of the applicant, which carries a high weighting in the scoring process. Since the inception of the MLRA in 1998, there has been significant transformation in the fishing industry through the various fishing rights allocations process. The allocation of fishing rights is conducted in a systematic and transparent manner, and the criteria applicable and process for the allocation of fishing rights are contained in the general policy and sector specific policies for the allocation of commercial fishing rights.The Transfer Policy governs the transfer of fishing rights between the seller and purchaser. DFFE will not approve the application for the transfer of fishing rights which leads to a dilution of black ownership in an entity. This ensures that the transformation objectives of the MLRA are complied with.enAcquisitionsBalancing criteriaCompetition lawEmpowermentFishing rightsThesis