Court overturns Shell seismic testing rights

The Eastern Cape High Court (Makhanda) yesterday ruled that the exploration rights granted by the Minister of Mineral Resources & Energy Affairs to Impact Africa and Shell were unlawful, putting an end to any seismic survey in the ocean off the Wild Coast. Legalbrief reports that Judge President Selby Mbenenge noted that communities living along the Wild Coast subsist on fishing and other marine resources to supplement their livelihoods and that the Eastern Cape coast is a haven for marine and bird life. ‘While some enjoy water sports on the beaches comprising the Eastern Cape coast, it is, to others, a home for communities that are steeped in customary rituals,’ he said. The rights, extended twice between 2014 and 2021, included permission for what became a controversial seismic survey, which was stopped by an interdict granted in December last year. The applicants then applied to review and set aside the granting of the rights in the first place. The applicants in the case were Sustaining the Wild Coast and eight other individuals and environmental activist groups, including Greenpeace.

The Cape Times reports that civil society, traditional communities and small-scale fishers have been vindicated by the ruling. Shell spokesperson, Pam Ntaka, said they were reviewing the decision. ‘We respect the court's decision and are reviewing the judgment to determine our next steps,’ said Ntaka.

‘Perhaps those downtrodden by the unholy alliance between government and Big Business can have a say in their destiny, thanks to SA’s legal system.’ An editorial in The Citizen points out that Mantashe and the government claim the country needs to exploit all its natural resources – from coal to possible oil and gas reserves (even if exploiting the latter means using the ruinous ‘fracking’ method) – to uplift the country’s people. ‘That is indeed a laudable objective – but should that alleged upliftment be at the permanent destruction of the environment or of the livelihoods of people? This is a significant judgment which, even though it may not bring such exploitation to a halt, will give government and large multinational corporations pause for thought that this is not just another third world country which will allow its environment to be raped in pursuit of profits which are repatriated abroad. There should be more focus on energy which is renewable, not finite. We only have one SA. Let’s not wreck it.’