Court sets aside Shell’s licence to operate in South Africa’s Wild Coast

Makhanda, South Africa: Today, the High Court in Makhanda ruled that Shell’s exploration right to conduct seismic surveys on the Wild Coast of South Africa was granted unlawfully and therefore set it aside.

This judgment, written by Judge President Mbenenge, is a monumental victory for the planet, won by Wild Coast communities.

More information on the ruling can be found here.

The court case was brought by Sustaining the Wild Coast NPC, Wild Coast communities, Wild Coast small-scale fishers and All Rise Attorneys for Climate and the Environment NPC, represented by the Legal Resources Centre (LRC) and Richard Spoor Attorneys.

Natural Justice and Greenpeace Africa applied to join the court case, and were represented by environmental law firm, Cullinans and Associates.

The case sought to review the decision by the Department of Mineral Resources and Energy to grant an exploration right to Shell and Impact Africa, allowing them to conduct seismic surveys off the Wild Coast of South Africa, in pursuit of oil and gas. The seismic surveys would involve a ship towing high-volume airguns which would blast low-frequency sounds at the seabed in regular intervals in order to map the seabed for oil and gas.

The applicants argued that the right should not have been granted on various grounds:

• That the exploration right was granted unlawfully since there was no consultation with affected communities and that the companies’ consultations with traditional leaders was insufficient.

• In awarding the exploration right, the decision-makers failed to consider the potential harm to the fishers’ livelihoods, the impact on their cultural and spiritual rights and the contribution of oil and gas exploitation to climate change.

• In awarding the exploration right, the decision-makers failed to consider the Integrated Coastal Management Act and its requirement to consider the interests of the entire community – including fishers and also ocean life.

The court found in favour of the applicants on all the grounds of review.

Melita Steele, Interim Programme Director at Greenpeace Africa, said:

“The victory in the Shell case is truly a victory for the people and planet. It sets an important precedent during this climate emergency. The court was clear that communities need to be properly consulted and that environmental impact assessments are critical. The cultural and spiritual connection to the land and ocean featured strongly in the judgment. This victory provides hope and momentum as people stand up across the planet. There are 148 oil and gas projects in the pipeline in Africa. This victory will ensure the tide turns.”