{"id":12452,"date":"2026-01-15T03:17:27","date_gmt":"2026-01-15T03:17:27","guid":{"rendered":"https:\/\/microvibenews.com\/?p=12452"},"modified":"2026-01-15T03:17:27","modified_gmt":"2026-01-15T03:17:27","slug":"st-lucia-fishermen-take-government-to-court","status":"publish","type":"post","link":"https:\/\/microvibenews.com\/?p=12452","title":{"rendered":"St Lucia fishermen take government to court"},"content":{"rendered":"

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It has been over five years since 30-year-old Celimpilo Mdluli was shot and killed, allegedly by rangers with the Environmental Management Inspectorate (EMI) patrolling along Lake St Lucia in northern KwaZulu-Natal.<\/p>\n

On the evening of 15 September 2020, Mdluli left his home in rural KwaNibela to go fishing with two friends in the northern part of the lake, inside the iSimangaliso Wetland Park, a Unesco World Heritage Site.<\/p>\n

The three men set their nets and went to the shore, as they did on most fishing trips. But on this night, EMI rangers spotted them and allegedly shot at them. Mdluli\u2019s friends managed to escape, but he did not.<\/p>\n

Read\/listen: Jeremy\u2019s weekly wrap: SA\u2019s heritage threats and climate cash<\/p>\n

On 17 September 2020, Mdluli\u2019s brother, Bongani, went to identify the body at the Hluhluwe police station. Mdluli had on a hooded jacket, a shirt, white jeans covered with yellow work pants and gumboots. His shirt was covered in blood, and his arm was broken, Bongani recalled.<\/p>\n

The next day, Bongani opened a case for police to investigate his brother\u2019s killing.<\/p>\n

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An independent autopsy, commissioned by the Legal Resources Centre, which represented the family, found that Mdluli was shot four times, with two of the shots likely fired while he was on the ground.<\/p>\n<\/blockquote>\n

Years later, nothing has come of the case. Bongani and the rest of his family are still waiting for answers.<\/p>\n

\"Celempilo<\/p>\n

Bongani Mdluli and his mother Thembisile Mdluli are still waiting for the outcome of the case they filed in 2020. Image: Barry Christianson\/GroundUp<\/p>\n<\/div>\n

A year later, the Mdluli family would face another tragedy.<\/p>\n

Erstwhile publication New Frame reported how, on 12 November 2021, Celimpilo\u2019s brother Thulani Mdluli was apparently shot in a confrontation with rangers.<\/p>\n

There are conflicting narratives. EMI reported that rangers had come across \u201cfour poachers\u201d who fired shots at them, and they retaliated, shooting one of the men. The shot man must have been Thulani, who has been missing ever since this incident, and is likely dead.<\/p>\n

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The three men who were with Thulani deny that they shot at the rangers. They have also never been charged or investigated for this alleged shooting.<\/p>\n

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Fishers offload their catch. Five boats went out the night before and, at the time this photo was taken, the people on shore were anxiously waiting for three to return. Image: Barry Christianson\/GroundUp<\/p>\n<\/div>\n

Over 500 households depend on the lake for food, according to Masifundise Development Trust, an organisation that advocates for fishing communities. Very few families have other livelihood options.<\/p>\n

Celimpilo and Thulani\u2019s deaths are the outcome of ongoing tension and confusion over the rights of Lake St Lucia\u2019s fishers, such as the residents of KwaNibela.<\/p>\n

A key issue appears to be the use of nets.<\/p>\n

Gill nets have been used since the 1960s. The Natal Parks Board (NPB), which later became Ezemvelo KZN Wildlife, allowed rod and line fishing in the lake but not gill nets. An experiment in co-management in 1995 saw the NPB allow nets for the communities at the lake, including KwaNibela, but it ended before the park was made a World Heritage Site in 1999.<\/p>\n

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Fishers who use nets often fish at night to avoid detection by rangers. But night-time fishing has its own risks. It increases the fishers\u2019 odds of unexpected encounters with wild animals, such as crocodiles or hippos.<\/p>\n<\/blockquote>\n

Night-time confrontations with rangers are also more likely to escalate into violence. The rangers are armed and have powers to seize and arrest. Some of the fishers are possibly armed as well. A major concern raised by Masifundise is that the rangers are not properly trained.<\/p>\n

Read:
Fishing companies take Creecy to court over quotas [Feb 2024]
Cape fishers worried about declining fish populations [Jan 2024]
Drone fishing is a danger to sharks and may be unfair to other fishers \u2013 study [Dec 2023]<\/p>\n

Adding to the confusion is that fishers get permits (with conditions) from the fisheries department, but the iSimangaliso Wetland Park has its own regulations for the lake and the rest of the park. iSimangaliso is in charge of governance in the park, to the exclusion of the fisheries department.<\/p>\n

According to a lawyer we spoke to, the different set of conditions imposed by the fisheries department and iSimangaliso \u201cdon\u2019t speak to each other at all\u201d.<\/p>\n

This is the source of the confusion about what is allowed, including the use of gill nets.<\/p>\n

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A homemade boat sits on the shore in Nibela. Some boats are made of material, but the local chief insisted that the fishers make their boats with wood as it is safer. Image: Barry Christianson\/GroundUp<\/p>\n<\/div>\n

\u201cThe community has repeatedly informed authorities and requested meetings with the Fisheries Branch, Ezemvelo and iSimangaliso to address their concerns, as they were declared a small-sale fishing community and their fishing rights recognised by Minister [Barbara] Creecy in March 2020,\u201d Masifundise wrote in a statement.<\/p>\n

What is the legal status of St Lucia\u2019s fishers?<\/strong><\/p>\n

We asked the fisheries department to explain the legal status of St Lucia\u2019s fishers.<\/p>\n

The department\u2019s spokesperson, Zolile Nqayi, refused to say, stating that the matter is \u201csub judice\u201d (before the courts).<\/p>\n

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We are not sure what legal matter Nqayi was referring to.<\/p>\n<\/blockquote>\n

Perhaps, he was referring to a case brought by Masifundise, along with Bongani Mdluli and Thobile Mpunzi, a small-scale fisher who was paralysed after he was shot by EMI rangers in the Dwesa-Cwebe Nature Reserve in the Eastern Cape.<\/p>\n

They have served the Department of Forestry, Fisheries and the Environment (DFFE) with court papers, demanding prescribed training and qualification criteria for EMI rangers. Alternatively, Nqayi may have been referring to the murder cases of the rangers.<\/p>\n

Nqayi\u2019s refusal to clarify the department\u2019s understanding of the fishers\u2019 status is unfortunate, because there is no law that prevents the department from doing so simply because there is a case before the courts.<\/p>\n

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Over 500 households depend on the lake for their food security and very few have other livelihood options. Image: Barry Christianson\/GroundUp<\/p>\n<\/div>\n

\u201cEMIs are given lawful powers that can seriously limit constitutional rights \u2026 When the law grants people wide powers to limit rights, it must also ensure that those powers are properly exercised,\u201d Michelle Joshua, acting co-director of Masifundise, wrote in her affidavit for the case the organisation has brought.<\/p>\n

\u201cThe public doesn\u2019t know what qualifications EMIs need, what training they undergo, or what standards of conduct they are supposed to uphold \u2026 In the absence of uniform national standards governing the appointment, training, and qualifications of EMIs, they have exercised their powers arbitrarily, disproportionately, and without accountability,\u201d she argued.<\/p>\n

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It\u2019s not clear when the case will go to court. To date the government has not filed its response.<\/p>\n

Wilmien Wicomb, of the Legal Resources Centre, points out that whether Celimpilo and Thulani were fishing legally is irrelevant: \u201cThey were shot at without even being asked who they were.\u201d<\/p>\n

\u2018Ongoing harassment\u2019 noted before the death<\/strong><\/p>\n

On 8 May 2020, months before Celimpilo\u2019s death, members of KwaNibela\u2019s Small-Scale Fishing Cooperative wrote a letter to the fisheries department, stating: \u201cWe are unable to use the right and authority to fishing recognised by the Minister \u2026 in our traditional fishing grounds due to the ongoing harassment by iSimangaliso and Ezemvelo rangers. These rangers have no respect for our rights and are not allowing us to fish at all. We are continually harassed and chased away, and in some instances, they confiscate our fishing gear.\u201d<\/p>\n

KwaNibela\u2019s fishers had hoped that recognition as legitimate fishers would change their relationship with the EMIs.<\/p>\n

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Two young men fill a container at a water point in KwaNibela. Their homes are 1.5km from this water point, and they have to roll the container back. Their families use the water for laundry and bathing, but some people use it for drinking as well. Image: Barry Christianson\/GroundUp<\/p>\n<\/div>\n

In the meantime, KwaNibela\u2019s fishers continue to launch their boats along Lake St Lucia at night, hoping to catch enough fish to survive.<\/p>\n

Recalling memories of his uncle, Celimpilo Mdluli, Nkanyiso Mdluli said: \u201cHe was a funny guy. He was always joking.<\/p>\n

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\u201cWhen he would come back from fishing, he would always go to my grandmother before going to anyone else \u2013 to give her fish. He always made her laugh.\u201d<\/p>\n<\/blockquote>\n

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Nkanyiso Mdluli looks out across Lake St Lucia from a lookout point used by local fishers. Image: Barry Christianson\/GroundUp<\/p>\n<\/div>\n

\u00a9 2026 GroundUp. This article was first published here.<\/p>\n

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