Conservation groups BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB), represented by the Biodiversity Law Centre, have intensified their legal battle against the Minister of Forestry, Fisheries and the Environment overfishing closures around key African Penguin breeding sites.
On January 31, 2025, the applicants filed their heads of argument in the Pretoria High Court, reinforcing their claim that the government’s interim fishing closures are “biologically meaningless” and fail to protect the critically endangered species. The government’s delayed response has further stalled the case, with hearings now set for March 18– March 20, 2025.
The case began in March 2024, following the minister’s August 2023 decision to implement interim fishing closures near African Penguin colonies. These closures were intended to balance conservation efforts with the fishing industry's interests, but have faced heavy criticism for disregarding the precautionary principle and failing to align with the best available science.
The government’s answering affidavit, due earlier, was only filed on September 19, 2024—almost a month late. This delay forced the postponement of court proceedings originally scheduled for October 2024.
At the core of the dispute is the State’s reliance on a trade-off mechanism proposed by an International Review Panel to mediate disagreements between fisheries and seabird scientists overfishing closures.
The applicants argue that the minister’s decision is irrational and unlawful, failing to act decisively on existing scientific evidence that the African Penguin’s population is collapsing.
The African Penguin population has declined by 97%, with scientists warning that without urgent action, the species could be extinct in the wild by 2035.
The primary threat is competition with commercial fisheries for anchovy and sardine—the penguins' main food sources.
The International Union for Conservation of Nature (IUCN) escalated the species' status to Critically Endangered on October 28, 2024, further highlighting the urgency of the crisis.
“Immediate action to safeguard the African Penguin’s food supply is critical,” the applicants argued in their latest affidavit. They emphasised that the State’s failure to implement meaningful conservation measures, coupled with litigation delays, is putting the species at further risk.
The respondents are due to file their heads of argument by February 10, 2025, with the court case set to determine whether the government’s current approach is lawful and scientifically sound. The ruling could set a critical legal precedent for balancing environmental conservation with economic interests in South Africa.
IOL