Minister Deon George welcomes conviction of Unathi-Wena Fishing CC for illegal fishing in De Hoop Marine Protected Area

The Minister Dr Dion George has welcomed the successful conviction and sentencing of Unathi-Wena Fishing CC, operators of the fishing vessel, The White Rose, for illegal fishing activities within the De Hoop Marine Protected Area (MPA).

The incident occurred from 10 to 13 May 2019 and was uncovered through intelligence gathered by the Department’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).

Regulation 75 of the Marine Living Resources Act (MLRA) aims to prevent illegal fishing activities within a marine protected area and states that: “No person shall, except on the authority of a permit, engage in fishing, collecting, killing, attempting to kill, disturbing, harassing, keeping or controlling of, or selling of, or be in possession of, any fish caught from a fishing vessel or vessel in a marine protected area.”

Section 49(A)(1)(f) of the National Environmental Management Act (NEMA) makes it an offence to commit any activity, whether intentionally or by way of omission, that is detrimental to the environment. It states:

(1) A person is guilty of an offence if that person (f) unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or is likely to detrimentally affect the environment;”

Given the significance of the MPA and the importance of utilising more advanced investigative techniques (including the Department’s maritime domain awareness platform), the criminal investigation was undertaken by an experienced investigator in the Department’s Environmental Management Inspectorate (Green Scorpions) 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 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,” said Minister George

One of the key findings is that the Vessel undertook unauthorised fishing activities occurred within the protected area over a three-day period. Another key finding is that the illegal catch was seized, and R150,000 was deposited into the Marine Living Resources Fund as security.

Sentencing took place on 27 November 2024 at the Bredasdorp Regional Court, which was presided over by Magistrate Cannon, imposed the following penalties on Unathi-Wena Fishing CC:

• Counts 1-3 (MLRA violations): R150,000 fine.
• Count 4 (NEMA violation): R2,000,000 fine, of which R1,000,000 was suspended.

While the skipper, Joao Luiz Alves Moniz, passed away during the trial, the company’s Chief Operations Manager, Imraan Patel, provided testimony during the sentencing phase.

“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,” added Minister George.
 

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