By Nneka Nwogwugwu
The Grahamstown High Court in Makhanda, South Africa directed Royal Dutch Shell plc to immediately cease its seismic blasting along South Africa’s Wild Coast.
The court ordered Shell and Gwede Mantashe, minister of mineral resources and energy, to pay the costs of the application.
Judge Gerald Bloem said Shell was under the obligation to consult with the communities and people who held customary rights, and who would be impacted by the seismic survey. It added that Shell did not do so.
It was essential that Shell consulted these communities and understood how the seismic blasting may impact them, the judgment said.
The judge noted that the exploration right awarded to Shell was based on a flawed consultation process and therefore, was unlawful and invalid.
The applicants’ right to meaningful consultation constitutes a prima facie right that deserves to be protected by way of an interim interdict, the judgment passed by the High Court in the Eastern Cape division said.
The local communities had taken recourse to legal action to block the project. The groups were granted an interim interdict that will stand until a ruling can be made on whether further environmental authorisation is required.
A Shell spokesman said: ‘’We respect the court’s decision and have paused the survey while we review the judgment. If viable resources were to be found offshore, this could significantly contribute to the country’s energy security.’’
The seismic survey was planned to be conducted by Shell and Impact Africa Ltd between December 2021 and February 2022. Shell had started the seismic blasting on December 8, 2021.
