NGOs hauls govt to court after allowing commercial fishing around key penguin breeding colonies
Birdlife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) have hauled the Department of Fisheries, Forestry and Environment to court for its decision to allow commercial fishing around key African penguin breeding colonies.
African penguins coming ashore. Picture: Dan Callister/GroundUp
CAPE TOWN - A landmark case to protect the endangered African penguin from extinction is back in the Pretoria High Court.
Birdlife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) have hauled the Department of Fisheries, Forestry and Environment to court for its decision to allow commercial fishing around key African penguin breeding colonies.
The environmental NGOs first approached the Pretoria High Court in March 2024 to review and set aside the minister’s August 2023 decision.
Birdlife South Africa and SANCCOB have filed their heads of argument against the Minister of Forestry, Fisheries and Environment.
Kate Handley, executive director of the biodiversity law centre, says the applicants’ case highlights the irrationality and unlawfulness of the minister’s decision to grant fishing licences which are not biologically meaningful.
"This requires the court to set aside the 2023 decision and put in place scientifically informed fishing closures which strike an optimal trade-off between maximising protection of African penguins’ foraging areas and minimising impact to industry."
The department is set to submit its heads of argument next week and have opted not to comment, saying the matter is sub judice.