Court battle halts fracking in Karoo

The civil rights organisation AfriForum and the Treasure the Karoo Action Group’s (TKAG’s) succeeded in its appeal against the ministers of mineral resources and environmental affairs to aside the regulations on petroleum exploration and production – as promulgated in 2015, and which allows for fracking in South Africa.

A full bench of judges today ruled in favour of AfriForum and TKAG in the Appeals Court in Bloemfontein, reports Knysna-Plett Herald.

AfriForum and TKAG have been involved in litigation for years to prevent the implementation of fracking for gas extraction in the Karoo.

ALSO READ: Fracking fears in KZN resurface as exploration looms

AfriForum and TKAG maintained that the regulations were illegal on several grounds. The court indeed found that the minister for mineral resources does not have the power and authority to implement the regulations for petroleum exploration and production. The minister ought to have taken ownership of the process and regulations, however.

Morné Mostert, head of local government affairs at AfriForum, said that this was a major victory to ensure that our environment was preserved. “We must ensure that future generations have a place in which to live sustainably. We cannot afford to take [a] short-sighted decision.”

He said that the ruling was proof of the necessity that the departments of mineral resources and environmental affairs should consult with organisations like AfriForum and TKAG, rather than blatantly continuing and making wrong decisions.

Jonathan Deal, CEO of TKAG, said that today’s ruling justified the reservations that AfriForum and TKAG had about the regulations and fracking technology.

“The victory was made possible thanks to AfriForum’s continued support and resources to wage the court battle. AfriForum protects civil and human rights; it works to the benefit of the man on the street and the community. We will continue with them to protect the country against the damages of fracking.

“South Africa simply does not have enough resources to handle this industry – water is a resource that one simply cannot waste,” Deal says.

Shell has already downscaled its fracking plans in the Karoo as a result of continuous pressure from AfriForum and TKAG.

AfriForum and TKAG won the court application with costs.

Read the judgement here.

For more news your way, download The Citizen’s app for iOS and Android.