The Eastern Cape High Court has reserved judgment in the leave to appeal application by the Minister of Mineral Resources and Energy, Impact Africa and Shell. The parties sought to appeal a ruling by the Makhanda High Court handed down in September, 2022 which found that the right granted to Shell to perform a seismic survey off the Wild Coast, an ecologically sensitive area, was unlawful.
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Opposition against the oil giant’s plan has been intense. Coastal fishing communities along with non-governmental groups including Sustaining the Wild Coast, All Rise, Natural Justice and Greenpeace Africa prepared to file leave to cross-appeal the court decision not to determine whether Shell and Impact Africa required an Environmental Authorisation ahead of the start of the seismic survey. This is due to the fact that a declarator – an action whereby a legal right or status is declared but nothing further is done – would clarify the nature of the organisation’s obligations under both the National Environmental Management Act and the Mineral and Petroleum Resources Development Act within the context of Section 24 of the Constitution, which states: “Everyone has the right to: an environment which is not harmful to their health or well-being.”
A final decision is expected to be made by the end of the year.
