The State is for the first time trying to prove that by illegally fishing inside a Marine Protected Area, a large-scale fishing operation is not only liable for fishing illegally but also responsible for causing a detrimental impact on the environment.

Listen to this article 16 min Listen to this article 16 min In three weeks, the Bredasdorp Magistrates' Court in the Western Cape is expected to deliver a judgment that will set a precedent for illegal fishing in South Africa - irrespective of which way the decision goes.

In the case between the State and Unathi-Wena Fishing, the State is prosecuting the fishing company for likely causing a detrimental impact on the environment by fishing inside the De Hoop Marine Protected Area (MPA). This has never been done before and the offence carries a much larger fine.

Unathi-Wena Fishing is a large-scale fishing operation based in Gqeberha. In May 2019, the company's vessel, the White Rose, was caught allegedly illegally fishing in the De Hoop MPA. Photographic evidence shows fishermen pulling out several fish, including sharks and rays, some of which are endangered.

De Hoop MPA, unlike some MPAs which allow fishing under very strict conditions, is a restricted zone, which means it's illegal to commercially fish there at any time.

After years of the State gathering evidence and building a case, in mid-2022 the accused pleaded guilty to fishing inside the De Hoop MPA. With this charge, filed under...