aimed at preventing the extinction of the African Penguin has been set down for hearing in the Gauteng High Court in Pretoria over three days in late October.
The population of the continent’s only penguin species is in free-fall and already at around 97% below historic levels. Without an appropriate intervention this seabird could be extinct in the wild as soon as 2035. At the heart of their case is the urgent need to reduce damage to the ability of African Penguins to access their major food source – small pelagic fish species like sardines and anchovy. This involves reducing competition with the small-pelagic commercial purse seine fishing industry that also targets these fish stocks, particularly around the six major African Penguin breeding colonies on islands around the coast.
A founding affidavit by Dr Alistair McInnes, Seabird Conservation Manager at BirdLife SA, described the minister’s decision as “arbitrary” and “biologically meaningless”. He pointed out that it went against recommendations by an international Panel of Experts Creecy had appointed two years earlier to review all scientific research on the issue and make recommendations on how to break the impasse between the bird conservation groups and the fishing industry.
“In other words, the Minister accepted the premise, but then ignored the conclusion. This disregards the very purpose for which the Panel was appointed. The record therefore shows that the Minister had no qualms about the trade-off mechanism. She simply subordinated it to her and the DFFE’s ingrained preferences for consensus and for placating industry interests above protecting the African Penguin survival and well-being.