Landmark ruling on fishing in protected area
The Bredasdorp Regional Court in the Western Cape has handed down a landmark ruling against Gqeberha-based fishing company Unathi-Wena Fishing, marking the first conviction for environmental degradation linked to illegal fishing within a Marine Protected Area (MPA).
The Daily Maverick says this precedent-setting case signals a tougher stance on fisheries violating MPA laws, potentially reshaping how marine conservation is enforced in SA.
The DM points out the case is significant because it’s the first time the state pursued charges related to environmental damage caused by illegal fishing in an MPA, carrying a much higher potential fine than previous offences.
In May 2019, the White Rose, a vessel operated by Unathi-Wena Fishing, was caught fishing illegally within the De Hoop MPA, a no-take zone.
Photographic evidence shows fishermen pulling out several fish, including sharks and rays, some of which are endangered.
During the trial in 2022, the state alleged that the fishing company not only violated fishing laws, but also caused potential harm to the marine ecosystem by fishing inside the MPA.
The defence argued that the fishing activity didn’t harm the environment, while the prosecution presented expert testimony from marine biologists and fisheries researchers, highlighting the crucial ecological role of MPAs and the detrimental effects of removing protected species such as sharks.
Although the company pleaded guilty to fishing inside an MPA under the Marine Living Resources Act – an offence carrying a maximum fine of R800 000 or two years’ imprisonment – for the first time, the state pursued an additional charge under the National Environmental Management Act.
This law penalises actions likely to detrimentally affect the environment, notes the DM, with fines of up to R5m.
Finally, on 27 November, the verdict was released. The Department of Forestry, Fisheries & the Environment confirmed the court had found Unathi-Wena Fishing guilty on all counts. The accused were convicted and sentenced for illegally fishing inside the MPA and fined R150 000.
But the accused were also found guilty of committing ‘any act or omission which detrimentally affects or is likely to detrimentally affect the environment,’ resulting in a R2m fine, with R1m suspended.
Dr Enrico Gennari, a marine ecologist from the Oceans Research Institute in Mossel Bay, welcomed the judgment, saying ‘a multimillion-rand fine shows the court’s recognition of the seriousness of this offence.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
