CONSERVATION BATTLE RAGES - ILLEGAL SCUBA OPERATORS IN SODWANA SOUTH AFRICA

SCOPE OF SODWANA'S PROBLEM

1. Environmental impact studies commissioned by the National Parks Authority indicate that not more than fifteen dive boats should conduct commercial operations in Sodwana.
2. In accordance with these guidelines, National Parks issued fifteen licenses, now owned by two operators, namely Coral Divers & Amoray Divers.
3. Twelve Unlicensed Operators run twenty unlicensed boats; therefore illegal operators alone exceed the capacity of the reefs by 133%. In short the reefs, host 233% more divers than is sustainable. It is widely recognized by many credible magazines, authorities & experienced divers that the reef is being destroyed. There is obvious evidence of broken coral on every dive undertaken.
4. Diver safety is at risk through ill-disciplined & inexperienced dive masters leading dive parties. E.g. The writer experienced the following on the 6th August 2006 (this incident initiated this action): a) two operators using inexperienced dive masters followed a Coral Divers boat to dive at Two Mile reef, presumably because the dive masters were unsure of where to find the reefs and may have been afraid of getting lost b) they waited until our party disembarked and followed soon after we exited the boat. c) I was shoved into the reef breaking coral when a descending diver landed on my head, bumping it with his air bottle. The collision removed my mask and created a lump which, a week later is still evident. d) I was momentarily disorientated from the concussion. Less experienced divers could have panicked. The outcome of this incident could have been a serious injury or death. e) The dive master of one of those parties was confused, thinking that I was one of her dive group. She beckoned me to follow her party it was an outrageous pantomime of inept, unprofessional diving conduct. I had to swim hard to catch up with my group fighting through a mass of flailing limbs as the illegals were huddled together in a tight group & I was in the middle of it (as if petrified to leave one another) f) At the shore, I photographed the offending operators’ boats. One responded by following me to my dive gear site to threaten me. g) I called him over to the National Parks representative demanding to see his license to operate. I learned that his operation is not licensed. They operate under the guise of being a dive club, operating not for gain, when they are clearly advertising their businesses and charging their clienteles to dive. I later spoke with clients of theirs who apologized for the incident. They also confirmed that they had paid for the diving and were unaware that their operators were unlicensed.
5. KZN Parks Authority is not regulating these organizations because: a) certain Parks Authority officials mistakenly believe that they are above the law and entitled to allow illegal operators to exist at their discretion, while they decide how many new operators’ licenses to issue at some unspecified time in the future; not understanding that there is a legal process to go through before they can introduce new licenses (Consevationists will oppose those licenses & it is doubtful that they will ever be issued). I learned this when I complained to a local Parks Authority member. In any event, how dare they promulgate the thought of new licenses, when the reef is dying before their eyes? b) Certain Parks Board officials have encouraged Unlawful Operators to act illegally by recognizing and attending illegal meetings of a self-made lobby group that call themselves the Sodwana Dive Association. This Association cannot exist in law because they represent the interests of persons conducting illegal activities. Meeting to conspire to circumvent the law is in itself a criminal act. While members of KZN Parks condone it, confusion exists & the Unlawful Operators mislead their clients into believing that they have a right to conduct their business. c) I presume that Junior KZN Staff are instructed to allow these parties to operate. It was clear when I complained that the Ranger felt that he did not have sufficient evidence to prove that the person was doing unlawful business to effect and arrest & he feared investigating further.d) It appears they do not have the administrative processes in place at the beach to determine if an operator is in fact a club providing service to its members for free or illegally trading. e) I am informed that SA Police of Sodwana are aware of the situation, but believe that they do not have jurisdiction within in National Parks land, which I believe is incorrect. Logic tells me while the KZN Parks Authority have jurisdiction to make policy decisions concerning the adminsitration of state wildlife assets, I believe KZN does not have the authority to allow or condone illegal business, even if it their intention to introduce new licenses in the future. They are obliged to act within the law, until the new licenses are approved (if ever) & awarded through a fair tender process. I am seeking legal opinion on this point before taking the matter further.
6. In conclusion, illegal dive operations are in process of destroying one of the top ten dive site in the world, endangering the lives of divers, robbing the National Parks Authorities of revenues, creating an example of lawlessness (for others to emulate) and depriving the rural community of an irreplaceable asset that brings them wealth through license, entrance & diving fees. The custodians (KZNParks) of those assets, who act for the people of South Africa watch & particpate in its destruction as Nero did, while Rome burned. Ligitimate licensed operators who have paid their tender fees & other dues are prejudiced because illegal operators can offer their products cheaper to market robbing the Communty of income. Is this fair trading? Is this a recipe for success? Is this the beginning of the "End ," as the Authorities themselves become lawlessness in the administration of Community Assets? The Zimbabwe situation is an exptereme example where the Authorities ignore the law & administer as they see fit. Is this to become a reply of that movie? I hope not. We have a wondrful country & need to stop this sort of thing before it spirals into chaos.Tell me your thoughts!

I invite you the public to comment on this information and to please let me know what you think should be done about it. I will be taking the matter up with National Authorities soon.Your support and opinions of what to do with the offenders will be appreciated. Your VOTE counts with us. We'' need all the support we can get. Please post your recommendations to this site.

Sincerely

Nick Carter

Director Great African Experiences Hospitatlity Group www.greatafricanexperiences.com