25/04/2012
Theunis Esterhuizen
To all my friends and family that supported me through the hellish ordeal of the past two years in which I had to fight in the Cape High Court to get my Cage diving permit back..., a HUGE thank you to you all. I can smile again...
Two years ago after losing my permit, I lay sleepless in my bed wondering what to do.
What convinced me to take the Minister on, was when I thought to myself...,
"If I... wake up five years from now, go to the bathroom, brush my teeth, look at the myself in the mirror and ask myself the question, did you at least try and make a fight for it to get your permit back, or did you just accept the Ministers decision to take your right to make a living like you have been doing for the past 15 years, away from you?
I then told myself..., if you don't..., even if it ruins you financially and you lose the case..., you will regret it forever.... and that..., is why I did it.
Fear is temporary..., but regret is forever.
I am VERY grateful that I pursued this matter and finally won...! Right from the start..., it was just wrong from their side and I am very grateful that the judge agreed with me.
A huge thank you from me, must especially go to a guy with the name of Shaheen Moolla from Feike - Natural Resource Management Advisors. http://feikemanagement.blogspot.com/
He is also a former Deputy Director General that worked for Marine and Coastal Management. He advised and guided this whole matter and is a fantastic guy to have on your side. THANK YOU SHAHEEN..., YOU ARE MY HERO..., in this whole matter. Also thank you to Shaun Hangone of Von Lieres Cooper Barlow Hangone Attorneys and Advocate Darryl Cooke of the Cape Bar. Their service was first class.
The Western Cape High Court this morning reviewed and set aside the decision of the Minister of Environmental Affairs to refuse to allocate a White Shark Cage Diving permit to Shark Adventures (www.sharkadventures.co.za ) that operates out of Gordons Bay.
The decision is significant as Shark Adventures not only sought to review the decision to refuse it a permit, but also sought to review the authority of the Minister to decide the appeal as it was argued that the Minister of DEA is not permitted under the Marine Living Resources Act, 1998, to regulate the white shark cage diving sector. It was argued that the Fisheries Minister is actually the correct repository of authority over the shark cage diving sector