Shell to review court judgment on Wild Coast seismic survey before deciding to appeal

Petroleum giant Shell says it will only take a decision to appeal the High Court in Makhanda’s judgment after it has reviewed it. The court has set aside for review a decision by the Minerals Department to grant Shell permission to conduct a seismic survey on the Wild Coast in 2014.

The court has also set aside for review, the renewal of Shell’s exploration rights in 2021 and 2022.

The applicants, civil organisations and environmental groups argue that Shell did not have environmental authority to conduct the exploration of gas and oil in the Wild Coast.

They further state that there was no consultation with them and there was also the risk of damaging the marine on the coast during this process.

The court has subsequently set aside for review, the renewal of Shells exploration rights in 2021 and 2022 to explore gas and oil.

“This case was very important especially for the Eastern Cape. We have one of the most unique bio diverse oceans on the planet. This is indeed a watershed moment because it shows that people on the coast not only rely on the ocean for spiritual elements but it’s also part of their livelihoods. This case has also stripped bare the rather opaque and untransparent oil and gas industry,” says Cullinan and Associates Ricky Stone.

VIDEO: Makhanda High Court sets aside decision allowing Shell to do seismic survey in the Wild Coast:[embedded content]

The Wild Coast is one of the most marine biodiverse coastlines in the country, huge on fishing; it’s one of the biggest economic drivers for the people of the Eastern Cape.

“It’s a massive victory. I think what it shows companies and government can’t just go and do what they want to. They have to get proper consent, they have to sit down with communities, but they have also got to make sure they follow the law which is doing their basic things such as environment impact, assessment etc. But it also shows that with the climate emergency we currently have that communities are finding that the courts are the only solutions for them,” says Executive Director of Natural Justice Pooven Moodley.

Shell says it will only take a decision to appeal the judgment after it has reviewed the judgment.

“Yes we have received the news through our legal team. We respect the court’s decision and we will be reviewing the judgment to determine our next decision regarding the Wild Coast block. At this stage it’s very difficult to comment on whether we will appeal the judgment or not,” says Shell SA spokesperson Pam Ntaka.

The Department of Mineral Resources, Shell and Impact Africa will have to the pay costs of the applicants.

VIDEO: Court ruling on Shell’s exploration rights a victory to Eastern Cape communities: Siqhamo Ntola [embedded content]