For many rural fishing communities, freshwater fishing in rivers and dams is a primary livelihood, enabling them to secure essential needs such as food, clothing, and school fees while upholding basic human rights. However, inland small-scale fishers in South Africa face significant challenges, including a lack of recognition and restricted access to traditional fishing areas. These restrictions often criminalise their fishing activities, leading to harassment and legal penalties.

Fishing is vital to inland communities, not only as a source of income but also for preserving cultural traditions. During the Fisher People Tribunal, representatives from Venterstad (Eastern Cape) and Norvalspont (Northern Cape) highlighted these issues, particularly at the Gariep Dam, the country’s largest dam. Built in 1971 and spanning the Free State, Eastern Cape, and Northern Cape provinces, restricted access from nature conservation and unaffordable access fees to the dam poses a major obstacle for local fishers.

During the case, Eva Jantjies, a fisherwoman from Venterstad, emphasised the challenges women face due to limited access to fishing sites and unaffordable fees at the Oviston nature reserve. Government bodies have increasingly closed off traditional fishing areas and imposed entry fees, prioritising conservation and tourism over the rights of local fishers. This has resulted in severe socio-economic impacts, exacerbating poverty and social exclusion, while undermining their rights to food, dignity, and self-determination.

“When we want to access Komweer [a fishing site within Oviston Nature reserve], a good fishing spot, we have to pay a fee. It costs R100 for the vehicle and an additional R31 at the gate, totalling R131. We don’t even know if we will catch any fish—some days are productive, while others are not. As a mother, it pains me to spend that money for nothing when I could have used it to buy food. All we want is free access to our fishing grounds without any fees. That is my hope.” said Jantjies.

Fishers in Norvalspont and Venterstad have reported numerous incidents of harassment and criminalisation by Eastern Cape Parks and Tourism Agency (ECPTA) rangers and local authorities. They are often fined for trespassing in nature reserves or climbing fences to access fishing areas. Without adequate access to water resources and fishing grounds, many are left with no choice but to fish illegally or trespass, actions that frequently result in arrests or fines. This issue was particularly severe during the COVID-19 pandemic. Mfundo Khethwa, a fisher from Norvalspont, highlighted these struggles in his testimony,

“When they [fishers] are caught by the securities they are taken to the Venterstad Police Station. Their fishing gears are taken away and arrested. Those from my community live in dire poverty, if you are a person that has not been there by the time you enter the area you can see poverty and the dire struggles of the people. We ask for access to be able to fish in a proper fishing site.”

Until 2022, South Africa lacked formal policies to govern inland small-scale fishing, despite its cultural and socio-economic importance. To address this gap, the Department of Forestry, Fisheries, and the Environment (DFFE) began drafting the National Freshwater (Inland) Wild Capture Fisheries Policy in 2017, which was officially approved in 2022. This policy seeks to recognize and regulate inland small-scale fisheries, fostering socio-economic growth and equitable governance.

However, its implementation remains in the early stages and has faced criticism for limited attention to gender equity and insufficient community involvement. The implementation plan, launched in April 2023, includes a goal of introducing a user-friendly permitting system by March 2027. Yet, progress has been slow, and the lack of provisional measures for fishing rights continues to leave traditional fishers vulnerable to legal and practical challenges.

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