Cape Town - In advocating for the protection of African penguin from extinction, BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB), will head to the Gauteng High Court, Pretoria, next month in a landmark litigation.

The environmental organisations, represented by the Biodiversity Law Centre, will go head-to-head against the Minister of Forestry, Fisheries and the Environment to protect African penguins.

On August 4, 2023, former minister Barbara Creecy announced the continuation of inadequate “interim closures” around breeding colonies at Dassen Island, Robben Island, Stony Point, Dyer Island, St. Croix Island and Bird Island.

The organisations have sought from the court to review and set aside the minister’s decision to put in place island closures at six breeding colonies “which are not biologically meaningful”, citing that the decision was irrational and unlawful.

According to the organisations, the African penguin population has suffered an alarming decline of 8% per year since 2018.

BirdLife SA and Sanccob have called for proper implementation of the constitutionally enshrined pre-cautionary principle, which requires decision-makers to exercise a “cautious approach in the face of possible environmental harm” to protect threatened species and prevent their extinction.

In a replying affidavit, current Minister Dion George, said island closures are meaningful conservation measures to protect the penguins.

According to Birdlife SA and Sanccob, the African penguin population has suffered an alarming decline of 8% per year since 2018. Picture: Armand Hough / Independent Newspapers

“This is demonstrably supported by the fact that the applicants themselves seek more extensive island closures... There is no scientific data which conclusively proves that island closures will arrest the decline of the African penguin and prevent its extinction. This means that the objective the applicants ultimately seek to achieve is not capable of being met by the relief which they seek,” said George.

According to Birdlife SA’s seabird conservation manager, Dr Alistair McInnes, said the interim closures themselves are incapable of meeting the purpose of closures, namely to reduce competition between African penguins and the purse-seine commercial fishing industry for sardines and anchovies.

Sanccob research manager, Dr Katta Ludynia, said the minister was “selective”.

“(The minister) was selective about which recommendations she followed. Inexplicably, she failed to follow the critical recommendation regarding how closures should be delineated. Instead, the minister decided to extend the meaningless interim closures, unless agreement between the conservation sector and the fishing industry could be reached on an alternative,” said Ludynia.

The case is set down for hearing from March 18 to 20 at the Gauteng High Court, Pretoria.

Cape Argus