Court ruling a warning shot against illegal fishing

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“This case sends a clear and unambiguous message - illegal fishing activities will not be tolerated, and violators will be held accountable. We remain steadfast in our commitment to safeguarding South Africa’s marine ecosystems for current and future generations,” the Minister of Forestry, Fisheries and the Environment, Dr Dion George said on Sunday.

The incident occurred from 10 to 13 May 2019. Sentencing took place in the Bredasdorp Regional Court in the Western Cape on 27 November 2024, where a R150,000 fine was imposed for illegally fishing inside the MPA.

In addition, the court handed down a R2m fine, with R1m suspended for committing ‘any act or omission which detrimentally affects or is likely to detrimentally affect the environment.’

The incident was uncovered through intelligence gathered by the Department of Forestry, Fisheries and the Environment’s Monitoring and Surveillance Directorate.

Investigations revealed that the vessel, operating under permit number 1900511 for the Demersal Shark Fishery sector, violated Regulation 75 of the Marine Living Resources Act (MLRA) and Section 49A(1)(f) of the National Environmental Management Act (Nema).

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Regulation 75 of the MLRA aims to prevent illegal fishing activities within a marine protected area while Section 49(A)(1)(f) of the Nema makes it an offence to commit any activity, whether intentionally or by way of omission, which is detrimental to the environment.

Given the significance of the MPA and the importance of utilising more advanced investigative techniques, the criminal investigation was undertaken by an experienced investigator in the department’s Environmental Management Inspectorate and a comprehensive docket was presented to the National Prosecuting Authority.

“This sentencing is a significant victory in our ongoing fight against the exploitation of marine resources in protected areas. The De Hoop MPA is a critical sanctuary for marine biodiversity, and any breach of its protection undermines years of conservation efforts.

“This judgment reflects the strength of our environmental legislation and the importance of monitoring and enforcement in deterring illegal activities, it also reinforces our commitment to collaboration with law enforcement agencies, communities, and stakeholders in the preservation of South Africa’s rich marine heritage.

“This successful prosecution highlights the department’s unwavering dedication to protecting marine biodiversity and ensuring compliance with environmental laws,” George said.