The African penguin, with its black-and-white plumage and endearing waddle, is more than a symbol of South Africa’s marine heritage. It is a sentinel species whose fate reflects the health of our oceans. Endemic to southern Africa, the penguin is ours to protect on behalf of the world. Its decline is a warning signal and our response must be urgent, balanced and fair.
For too long, ship-to-ship bunkering in Algoa Bay operated without clear environmental management and mitigation requirements. That vacuum served neither industry nor conservation. The absence of a clear regulatory framework was a failure that created mistrust, fuelled conflict and left both penguins and people at risk. This was unsustainable.
South Africa is a maritime nation at the crossroads of global shipping and we must regulate such activity in a way that recognises its economic importance while ensuring that it does not threaten the survival of a species on the brink of extinction. The new law closes that gap. It is not perfect, but it is far stronger than the unregulated system, certainly insofar as the environment is concerned, that persisted for years. It represents the first time this activity has been placed on a firm environmental legal footing.
I will not shy away from the facts. St Croix Island’s breeding pairs fell from 7 500 in 2015 to fewer than 700 in 2023 and 2025. Critics blame bunkering — the process of supplying fuel to ships — which began in 2016, citing oil spills and noise. They point to the rebound to more than 1 000 pairs in 2024 during the pause in bunkering due to a tax dispute.
Their concern is real and heartfelt. But the truth is more complex. Penguins face multiple pressures: collapsing fish stocks, climate-driven shifts in prey, habitat loss and heavy shipping noise. Bunkering is one factor but not the only one. The question is whether we leave such activity unchecked or regulate it with strict safeguards. We chose to regulate.
The regulations balance conservation with economic activity. They protect penguins while recognising that South Africa must remain an active player in global shipping. Prohibitions now apply in marine protected areas, aquaculture zones and within five nautical miles of these habitats all along our coastline and within the exclusive economic zone.
In Algoa Bay, operations are confined to designated anchorages (the safest areas for ships to anchor) under strict conditions. These include seasonal restrictions during breeding time; limits on wind and wave conditions; mandatory spill-prevention equipment; hydrophone systems to monitor underwater noise; immediate wildlife rescue responses and penalties of up to R2 million or five years in prison for breaches.
South Africa to ban fishing around African penguin colonies for 10 years
These are hard rules, enforceable in law. Under the National Environmental Management Act of 1998 and the National Environmental Management: Integrated Coastal Management Act of 2009, I also have the authority to suspend or shut down operations if harm or adverse effects are proved.
Our duty to penguins goes further. In 2023, my department imposed 10-year fishing closures around key colonies, including St Croix, to rebuild sardine and anchovy stocks. This tackles the biggest driver of decline, which is hunger.
Penguins also support human livelihoods. Ecotourism linked to these birds contributes between R1.9 billion and R4.5 billion to the economy each year and sustains thousands of jobs. Extinction by 2035 would not only be an ecological loss but also an economic blow to communities who depend on this species as a drawcard for tourism. Penguins are not only a matter of biodiversity, they are part of the economy, part of the tourism value chain and part of our national identity.
We must also acknowledge that the maritime industry supports jobs, trade and growth. South Africa cannot afford to drive shipping elsewhere. Bunkering supports port activity and jobs in Nelson Mandela Bay and its regulation brings both safety and certainty. This is why the law seeks balance. It does not give free rein to industry, nor does it dismiss conservation. It creates a framework in which they can coexist. That balance is what fairness requires, because our constitutional duty is to protect the environment for present and future generations, while enabling economic development that benefits all.
Some say we should have acted sooner. They are right. The absence of rules created uncertainty and mistrust. By introducing binding regulations now, we correct that failure and place penguin conservation and industry on a fairer and safer footing. For the first time, operators are held to clear standards and face serious penalties for harm. For the first time, penguins have legal protection against the noise, pollution and disturbance of bunkering.
This is not about choosing nature over people or people over nature. It is about coexistence, law and order and long-term survival for penguins, for communities and for our economy. The task before us is to show that South Africa can both protect its most vulnerable species and remain open for sustainable business.
To those who have written with heavy hearts, I share your passion. These regulations are not a death sentence but a lifeline. They represent progress where there was none and a commitment to adapt as evidence demands. The African penguin’s future depends on steady, balanced action. As custodian of our natural heritage, I will ensure that balance is maintained and that both our wildlife and our people have a future to look forward to.
