Landmark Court Victory Secures Critical Protection for African Penguins

By Giliane Okana

The African Penguin (Spheniscus demersus) is in a race against time. Once numbering in millions, fewer than 10,000 breeding pairs remain today. A collapse driven by overfishing of their key food sources, sardines and anchovies. Without urgent action, this iconic seabird could vanish from the wild by 2035.

But now, hope has arrived. On 18 March 2025, South Africa’s High Court ruled in favour of BirdLife South Africa and SANCCOB, ordering 10-year no-fishing zones around six vital penguin breeding colonies. This landmark decision, backed by years of community advocacy, negotiations and cutting-edge science, offers a lifeline for the species and a blueprint for balancing conservation with sustainable fisheries.

“We knew we had to act when penguins at Robben Island, a symbol of resilience, started disappearing,” says Dr. Alistair McInnes, Seabird Conservation Programme Manager at BirdLife South Africa. “But we also knew solutions had to work for people and wildlife.”

After negotiations with fishing representatives and the government, the court approved biologically designed closures around key colonies like Dassen Island, Stony Point, and St Croix Island. These areas, identified through data tracking, protect the penguins’ most critical feeding grounds while allowing sustainable fishing elsewhere.

“Today’s order is a significant step forward in our fight to save the African Penguin from extinction. The agreement which has been made an order of court serves as a testament to the power of collective action and the dedication of the seabird scientists whose expertise is integral to the work of SANCCOB, BirdLife South Africa and the DFFE. We are immensely grateful for the widespread support from individuals and organisations that share our commitment to preserving biodiversity. However, while we celebrate today’s success, we remain acutely aware that our journey is far from over. The threats facing the African Penguin are complex and ongoing – and the order itself requires monitoring, enforcement and continued cooperation from Industry and the government processes which monitor and allocate sardine and anchovy populations for commercial purposes. We must continue to advocate based on our scientific research and implement effective conservation strategies to ensure that African Penguins will thrive in the future. Our work continues, and we count on the continued support and engagement of the community to face the challenges ahead.” says Nicky Stander, Head of Conservation at SANCCOB

The new closures, valid for 10 years, with a scientific review after six, align with recommendations from an independent Expert Panel convened by the government. The panel emphasized that closures must account for penguin life cycles (e.g., breeding age: 4–6 years) and buffer against other threats like oil spills, seal predation, and climate shocks.

“South Africa’s High Court decision sets a precedent in seabird conservation efforts on the continent. We hope this will be instrumental in galvanizing conservation efforts and advocacy actions in other parts of the continent including in West Africa, where seabird populations are being negatively impacted by the overfishing of small pelagic species that constitute their primary sources of food,” concludes Ahmed Diame, Sustainable Fisheries and Bycatch reduction Manager at BirdLife International