Neelam Rahim | neelam@radioislam.co.za

3-minute read
21 March 2025 | 12:57 CAT

African penguins, endemic to Southern Africa, are one of the most threatened seabird species globally and they face the risk of extinction in the wild by 2035. Populations have shrunk by 90% in the past 70 years, dwindling to about 8 500 breeding pairs today. (Source – Mail & Guardian)

In a landmark ruling, the High Court in Pretoria has established six no-fishing zones around key African penguin breeding colonies in the Western Cape. This decision follows years of debate between conservationists and the fishing industry, as efforts to protect the critically endangered species intensified.

Kate Handley, Executive Director of the Biodiversity Law Centre, who represented BirdLife and Sankhob in the case, described the ruling as a critical step in preserving the species. “This litigation was launched as a last resort after prolonged negotiations failed to yield an agreement on island closures,” she explained in an interview with Radio Islam International.

The court’s decision comes after an expert panel was appointed to assess the impact of fishing activities on penguin populations. However, rather than implementing biologically meaningful closures, the minister upheld interim closures that failed to protect core foraging areas. “We challenged this on the basis that the decision was irrational and unlawful, as it disregarded the panel’s critical findings,” said Handley.

While the ruling is a victory for conservation, it also impacts the fishing industry. Handley commended both parties for their willingness to negotiate, stating that “the court order is an endorsement of an agreement reached between the fishing industry and conservationists, ensuring both interests are considered.”

Compliance and enforcement will now fall under the Department of Forestry, Fisheries, and the Environment, which must amend permit conditions under the Marine Living Resources Act. “Failure to comply will attract penalties, including charges for contempt of court,” Handley warned.

The African penguin population has plummeted by over a third in the past five years. Conservationists warn that their decline signals a broader ecological crisis. “Penguins are an indicator species—if their numbers fall, it reflects deeper issues within the marine ecosystem,” Handley emphasized. Protecting their foraging grounds benefits other marine predators and fish populations.

Although the ruling does not set a formal legal precedent, Handley hopes it will inspire similar legal efforts to protect other endangered species. “This case demonstrates how the law can be used to drive conservation efforts. I hope other organizations follow suit.”

With this legal victory, conservationists remain optimistic that, once implemented, the no-fishing zones will provide much-needed relief to the dwindling African penguin population.

Listen to the full interview on Your World Today with Annisa Essack and Kate Handley here.