Fisheries Development Corporation of SA v Jorgenson 1980 (4) SA 156 (W)

Fisheries Development Corporation of SA v Jorgenson 1980 (4) SA 156 (W)

Facts:

In the case of Fisheries Development Corporation of SA v Jorgenson 1980 (4) SA 156 (W), the plaintiff, Fisheries Development Corporation, sought an interdict against the defendant, Jorgenson, to prevent him from fishing in a marine reserve without a permit. The key facts involve Jorgenson's alleged infringement of the marine reserve regulations and Fisheries Development Corporation's attempt to enforce compliance.

Issue: The primary legal issue was whether Jorgenson's fishing activities in the marine reserve without a permit constituted a breach of the regulations and whether Fisheries Development Corporation was entitled to an interdict.

Rule: The legal rule established is that fishing in a marine reserve without a permit is a breach of regulations, and authorities responsible for the reserve have the right to seek an interdict to prevent such activities.

Analysis: The court analyzed the marine reserve regulations, Jorgenson's fishing activities, and whether he held a valid permit. The focus was on determining whether Jorgenson's actions violated the regulations and whether Fisheries Development Corporation had the legal standing to seek an interdict.

Conclusion: The court granted an interdict in favor of Fisheries Development Corporation, restraining Jorgenson from fishing in the marine reserve without a permit. The decision affirmed the importance of regulatory compliance in protected areas.