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Shell: Mantashe loses appeal against Wild Coast seismic survey
Judge Gerald Bloem dismissed Shell's application with costs.
Fishing community protest outside Western Cape High Court on February 07, 2022 in Cape Town, South Africa. Picture: Gallo Images/Die Burger/Jaco Marais
Shell South Africa (SA) and Mineral Resources and Energy Minister Gwede Mantashe have suffered defeat in its legal battle over the seismic survey off the Wild Coast in Eastern Cape.
The Makhanda High Court on Thursday dismissed Shell and Mantashe’s application for leave to appeal a second interdict that had temporarily halted the survey.
In the latest judgment, Judge Gerald Bloem also dismissed the application with costs.
Green Connection has since welcomed the ruling.
“Green Connection is pleased with the Court outcome on the wild coast Shell matter. Shell has applied for leave to appeal against the interdict and that was denied. That means the seismic ban remains and this is good news for coastal communities of the wild coast.”
ALSO READ: EXPLAINER: Shell’s seismic tests in the Wild Coast
“In the meantime, we are glad the west coast seismic ban remains in place and we are now going to be looking at the merits of the cases,” Green Connection’s Liziwe Mcdaid told SABC on Thursday.
Meanwhile, Shell SA chair, Hloniphizwe Mtolo said the company would abide by the court’s decision.
“We are not happy. It is [disappointing that]the judgment has come out the way it has, however, we will abide it. At this stage we are reviewing the judgment and making decisions in terms of how to take this forward,” he said.
Shell and the minister had applied for leave to appeal Bloem’s ruling – delivered on 28 December last year.
The ruling interdicted the oil and gas company from undertaking seismic survey operations under Exploration Right 12/3/252, pending finalisation of Part B of the notice of motion.
At the same time, the application for determining relief was postponed.
Part B of Shell’s answering affidavit deals with the nature of the seismic survey, allegations of harm brought against Shell, and mitigation measures undertaken during the survey.
First interdict
The first interdict was heard in the Grahamstown Court in Makhanda on 17 December, and was brought against the petroleum giant and Mantashe by Natural Justice, Greenpeace Africa, Border Deep Sea Angling Association and Kei Mouth Ski Boat Club.
Acting Judge Avinash Govindjee dismissed the first interdict with costs, after ruling the arguments presented by the applicants were not enough to convince him that the planned 3D seismic survey should not take place.
Govindjee said at the time the argument that marine life could be impacted by the survey was “speculative at best”, and that the balance of convenience favoured Shell.
READ MORE: EXPLAINER: What’s the fuss about Shell’s seismic survey?
Shell and Mantashe were hit with a fresh urgent interdict after the first dismissal, this time by the Amadiba Crisis Committee (ACC), Sustaining the Wild Coast and the Dwesa-Cwebe Communal Property Association.
During the 17 December hearing, Mantashe was described as “ignorant and gravely insulting” for accusing communities living on the Wild Coast of engaging in “colonialism and apartheid of a special sort”.
Mantashe suggested in court papers the communities concerned about Shell’s seismic drilling should have exhausted all options, including an internal appeal before taking legal action.
But Advocate Tembeka Ngcukaitobi SC, who is representing concerned community organisations, said even if residents took the matter up through an internal appeal, Mantashe had clearly “nailed his colours to the Shell mast”.
Additional reporting by Narissa Subramoney and Nica Richards
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