DION GEORGE: Historic win for protecting SA’s highly endangered penguins

Through lots of determination and sensibleness, a historic settlement has been secured to save the critically endangered African Penguin. As a then-new minister, upon discovering the court case between the department of forestry, fisheries and environment, BirdLife SA, Sanccob and the pelagic fishing communities, my plan was simple: to find a workable solution that would, importantly, protect the penguins.

A court-ordered settlement now protects the penguins while safeguarding the livelihoods of those who depend on our oceans. This is a mammoth achievement that shows how resolve and unity can accomplish a sustainable path forward for both nature and people. 

The African Penguin’s decline has long been a pressing concern, with the population having plunged by an unbelievable 97%, and still said to be declining by about 8% each year. The species was reclassified from endangered to critically endangered in 2024. Shrinking food supplies and habitat pressures have threatened a species that embodies our coastal identity, while the fishing industry, a cornerstone of many communities, wrestled with the need to adapt to change. With the African Penguin prospects being so dire and the prolonged court battle, the situation was pressing. 

The directive to the departmental team was therefore to lead a determined effort to find a solution that would not further endanger the penguins. Decisive and sensible leadership was key to a resolution. It began with driving a clear call to action and bringing all the key role players to the table. Under the new directive there was an insistence on open, preferably lawyer-free, discussions that would unite the fishing industry, conservation leaders and the department's experts. Trust laid the foundation, paving the way for tough but productive negotiations.

A working group was established and tasked with designing science-based island closures and protected zones around penguin breeding sites. Through persistence, a balanced solution was forged and the only role of the court in this matter was to formalise the settlement as an order of the court. 

The court-ordered settlement focuses on implementing these closures on six key African Penguin breeding colonies that lie within coastal areas where commercial fishery operates. These closures, spanning Dassen Island, Robben Island, Stony Point, Dyer Island, St Croix Island and Bird Island, are the penguins’ lifeline.

This settlement is more than a policy win, it’s a vision taking root, driven by the department. It’s an SA where penguins can rebound and oceans sustain our communities. Industry and experts rallied around a goal worth pursuing. The permit conditions were amended to reflect the new island closure co-ordinates two days after the settlement was made an order of the court. The department will enforce these closures and monitor their effects as far as possible, and thereby improve the life outcomes of the penguin population.

Thanks go to the scientists at Birdlife SA in particular, for their tireless work to identify the optimum closure locations. However, the work to protect SA’s penguins is far from over; under the current leadership, the forestry, fisheries and environment department is currently driving further measures to safeguard their future. Regulations to restrict bunkering — the transfer of oil at sea activities — that have long harmed our penguin colonies — are out for public comment and will be implemented in the not-too-distant future. These steps will tackle the pollution threatening our wildlife, reinforcing a commitment to their survival. 

SA is a global leader in blending biodiversity with economic resilience, a legacy where our children inherit oceans packed with life and communities that prosper alongside them. This intervention by the government proves that the penguins have a future, because we refused to let them fade. And with more protections on the way, their future grows even brighter. 

• Dr George is forestry, fisheries and environment minister.