Case Study. Fixing the Wrongs in the Bengis Restitution Case

In an interesting twist to the Arnold Bengis west coast rock lobster restitution case, the South African Department of Environment, Forestry and Fisheries has applied to have a court order granted in 2018 rescinded.

The Minister of Environment, Forestry and Fisheries Ms Barbara Creecy, and the Department’s Director-General, Ms Nosipho Ngcaba, have launched an application in the Western Cape High Court.

The order granted on 20 September 2018 was pursuant to an application brought by the Department of Agriculture, Forestry and Fisheries and the National Prosecuting Authority, supported by an affidavit from the previous DAFF Minister, Senzani Zokwana.

The Respondent parties were Arnold Bengis (who died subsequently) and two foreign entities – Pearl Investment Trading Limited and First Trust Management AG.