ACC wants ‘Esau Act’ amended
The Anti-Corruption Commission (ACC) has called for amendments to the Marine Resources Act - also known as the ‘Esau Act’ in some quarters.
In its current form, the legislation gives the line minister “wide discretionary powers”.
ACC deputy director-general Erna van der Merwe, during an anti-corruption conference in Gobabis this week, said there was not enough transparency in the Act at the moment.
This follows a radical departure from views previously expressed when acting fisheries minister Albert Kawana remarked that the Act would need to be reformed in the light of the Fishrot scandal.
His successor, current fisheries minister Derek Klazen, in December 2022 retorted that there was no need to amend the contentious piece of legislation – which gives him the sole mandate of allocating fishing quotas.
Van der Merwe said there was an urgent need to review the Act.
“Amendments to the Marine Resources Act are needed as a matter of urgency. The wide discretionary powers granted to a functionary - in this case, the minister - under the law should be altered,” she said.
Outdated
The Act was outdated and did not conform to international standards, the ACC second-in-command said.
“The legislation gave too wide discretionary powers to a functionary with regard to the allocation of quotas and there appeared to be no or little transparency pertaining to the allocation process,” she said.
Revisions to the Act would allow it to comply with standards set by the Fisheries Transparency Initiative, Van der Merwe added.
“Furthermore, transparency and accountability in the practices and procedures employed are needed. We trust that government will do the right thing and follow through on that which is required in terms of the second Harambee Prosperity Plan and the National Anti-Corruption Strategy and Action Plan 2021-2025, and align the Act and its regulations, practices and procedures,” she said.
‘No conspiracy’
In 2015, former fisheries minister Bernhardt Esau pushed through amendments to the Marine Resources Act, giving himself sole discretionary powers to allocate fishing quotas as he wished.
Esau is currently in jail awaiting trial on allegations that he abused those very powers to enable Fishrot, a bribery scheme in which over N$300 million was allegedly looted by him and his cohorts.
During a recent bail application, Esau told the High Court that he regrets trusting officials in his ministry blindly - an act which he said landed him in jail - but added that he is ready to tell his side of the story.
During his appearance, he said the 2015 changes to the country’s fisheries law were aimed at opening up the industry to local players and not to benefit himself and his cronies, as alleged by the State.
“There was no conspiracy from my side to benefit myself through these amendments, neither to benefit any other person except government and Fishcor,” he said.
In its current form, the legislation gives the line minister “wide discretionary powers”.
ACC deputy director-general Erna van der Merwe, during an anti-corruption conference in Gobabis this week, said there was not enough transparency in the Act at the moment.
This follows a radical departure from views previously expressed when acting fisheries minister Albert Kawana remarked that the Act would need to be reformed in the light of the Fishrot scandal.
His successor, current fisheries minister Derek Klazen, in December 2022 retorted that there was no need to amend the contentious piece of legislation – which gives him the sole mandate of allocating fishing quotas.
Van der Merwe said there was an urgent need to review the Act.
“Amendments to the Marine Resources Act are needed as a matter of urgency. The wide discretionary powers granted to a functionary - in this case, the minister - under the law should be altered,” she said.
Outdated
The Act was outdated and did not conform to international standards, the ACC second-in-command said.
“The legislation gave too wide discretionary powers to a functionary with regard to the allocation of quotas and there appeared to be no or little transparency pertaining to the allocation process,” she said.
Revisions to the Act would allow it to comply with standards set by the Fisheries Transparency Initiative, Van der Merwe added.
“Furthermore, transparency and accountability in the practices and procedures employed are needed. We trust that government will do the right thing and follow through on that which is required in terms of the second Harambee Prosperity Plan and the National Anti-Corruption Strategy and Action Plan 2021-2025, and align the Act and its regulations, practices and procedures,” she said.
‘No conspiracy’
In 2015, former fisheries minister Bernhardt Esau pushed through amendments to the Marine Resources Act, giving himself sole discretionary powers to allocate fishing quotas as he wished.
Esau is currently in jail awaiting trial on allegations that he abused those very powers to enable Fishrot, a bribery scheme in which over N$300 million was allegedly looted by him and his cohorts.
During a recent bail application, Esau told the High Court that he regrets trusting officials in his ministry blindly - an act which he said landed him in jail - but added that he is ready to tell his side of the story.
During his appearance, he said the 2015 changes to the country’s fisheries law were aimed at opening up the industry to local players and not to benefit himself and his cronies, as alleged by the State.
“There was no conspiracy from my side to benefit myself through these amendments, neither to benefit any other person except government and Fishcor,” he said.
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