29/08/2026
Grateful for this local group formed by Pieter du Pree and Linde coming out of Stony Point's core striving for freedom of penguins and standing together against 's latest plans starting asa when the penguins start moulting from september this year
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Cape nature unfortunately do not care about this place
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This was also the letter written by Pieter du Pree to & company like many others did only to hear yesterday they continue fencing regardless and time is running out
LETTER OF DEMAND
RE: UNLAWFUL OBSTRUCTION OF AFRICAN PENGUIN MOVEMENT AT STONY POINT NATURE RESERVE, BETTY’S BAY
11 August 2026
1. INTRODUCTION I act on my own behalf.. This letter serves as a formal demand in terms of the National Environmental Management Act 107 of 1998 "NEMA", the National Environmental Management: Biodiversity Act 10 of 2004 "NEMBA", and the Constitution of the Republic of South Africa.
2. BACKGROUND It is common knowledge that CapeNature has erected and/or maintains a fence between the sea and some of the African Penguin (Spheniscus demersus) breeding sites at Stony Point, Betty’s Bay. The African Penguin is listed as “Endangered” on the IUCN Red List and is a protected species in terms of NEMBA and the Threatened or Protected Species "TOPS" Regulations. Stony Point is a formally proclaimed nature reserve and a critical breeding habitat.
3. GROUNDS OF COMPLAINT
The fence constitutes an unlawful interference with the natural movement of penguins between foraging areas at sea and some of their breeding/nesting sites in the neighbourhood of Stony Point
This results in:
1. Obstruction of access : Penguins are impeded from freely entering/exiting breeding areas
2. Breach of statutory duty : CapeNature, as the conservation authority, has a duty in terms of NEMA s28 and NEMBA to prevent and mitigate ecological degradation
3. Potential harm : Stress, injury, reduced breeding success, and increased mortality due to restricted movement
4. Failure to follow best practice : International and local conservation guidelines require unobstructed corridors for penguin movement No public participation or environmental authorization was undertaken prior to the er****on of the fence, to my knowledge.
4. DEMAND
In light of the above, I hereby demand that CapeNature, within 7 days of date of this letter:
1)Immediately remove or modify the fence to allow unobstructed passage of African Penguins between the sea and all breeding sites at Stony Point;
2) Provide written reasons and copies of any environmental authorization, expert ecological assessment, and permit justifying the fence; and
3)Cease any further obstruction pending an independent ecological assessment.
5. LEGAL ACTION
Should you fail to comply with the above demands, I reserve my rights to institute urgent legal proceedings in the High Court for:
1. An interdict compelling removal/modification of the fence
2. A declaratory order that CapeNature’s actions are unlawful
3. Costs of suit on an attorney-and-client scale This letter is written without prejudice to any rights or remedies available in law.
Please confirm receipt and your intentions in writing by *[insert date 7 days from sending]*.
Yours faithfully.
Pieter du Preez
