The new Environment Minister in the Government of National Unity, Dion George of the DA, has instructed his legal team to resolve a High Court case brought by bird conservation organizations aimed at preventing the potential extinction of African penguins by 2035.
George’s unexpected announcement on social media on Tuesday surprised conservation groups BirdLife South Africa and Sanccob (Southern African Foundation for the Conservation of Coastal Birds). These groups had filed the lawsuit in March against George’s predecessor, Barbara Creecy of the ANC, and two directors-general from her department.
Despite Creecy’s implementation of fishing restrictions on small pelagic fish such as sardines and anchovies—key food sources for the penguins—the conservationists argue that these measures are insufficient to shield the penguins from commercial fishing near their breeding grounds, calling them arbitrary and biologically flawed. Additionally, two pelagic fishing associations are named in the case.
The case is still scheduled for a hearing in October. The State Attorney, representing the Department of Forestry, Fisheries, and the Environment, has already asked for an extension beyond the August 5 deadline for submitting response documents.
The announcement from the DA suggested that a settlement is likely. Their social media update, titled “Lifeline for African Penguins as DA Minister safeguards feeding grounds,” indicated that Dr. Dion George MP, the new DA Minister of Forestry, Fisheries, and Environment, is taking steps to resolve the legal issue surrounding fishing rights and penguin protection. The update noted that George has directed his department’s legal team to settle the dispute and ensure the preservation of the penguins’ primary food sources.
The DA’s message highlighted that this move improves the endangered penguins’ chances of long-term survival and aligns with their commitment to protecting South Africa’s wildlife and environment.
In contrast, a later statement from Andrew de Blocq Sheltinga, the DA’s spokesperson on Forestry, Fisheries, and Environment, was more cautious. While acknowledging George’s efforts to protect the penguins, Sheltinga emphasized that George is pursuing an out-of-court settlement to address fishing restrictions around penguin colonies. The statement underlined the importance of providing adequate food sources near penguin breeding sites, which is crucial for their conservation. The DA expressed hope that these actions will lead to further positive developments in wildlife protection.
The reaction from BirdLife South Africa and Sanccob, represented by the Biodiversity Law Centre, was reserved.
Kate Handley, the Centre’s executive director, said they were somewhat reassured by the DA’s statement as it reflects a commitment to protecting African Penguins. However, she noted that they are still awaiting a direct approach from the minister’s legal representatives. In the meantime, the case is still set to be heard from October 22 to 24.
Handley warned that without further action, African Penguins could face extinction in the wild by 2035. The main issue is their competition for food with commercial fishing operations targeting sardines and anchovies in the waters surrounding the six largest penguin breeding colonies, which are crucial to the survival of around 90% of South Africa’s penguin population.
The litigation was initiated as a final measure due to the previous Minister’s failure to enforce sufficient island closures. The applicants are now looking for a positive settlement proposal from the Minister’s legal team.
