Shell faces second interdict to stop seismic survey

If Shell survives this week’s application for an interdict to stop its seismic exploration of the ocean off the Wild Coast, there are three more organisations and several Wild Coast communities waiting in line to halt the fossil fuel giant’s search for gas and oil.

Sustaining the Wild Coast (SWC), together with the Dwesa-Cwebe Communal Property Association, Amadiba traditional leader and healer Mashona Wetu Dlamini, All Rise Attorneys for Climate and Environmental Justice and fishermen Ntsindiso Nongcavu from Port St Johns, Sazise Maxwell Pekayo and Cameron Thorpe from Kei Mouth, have grouped together to apply for an urgent interdict against Shell’s seismic survey off the Wild Coast. 

This application is separate from the urgent application brought by Cullinan and Associates for the Border Deep Sea Angling Association, Kei Mouth Ski Club, Natural Justice, and Greenpeace that was heard on Wednesday. Judgment on that interdict is expected on Friday.

SWC says if that interdict is granted it will ask the court to hear its application on the return date of the other interim interdict.

Speaking on behalf of SWC, Sinegugu Zukulu, said their urgent application was based on the “simple fact” that Shell did not have an environmental authorisation in terms of the National Environmental Management Act for this survey.

“We know that this survey was approved in 2014 but it is now 2021 and we need to ensure that any illegal offshore exploration is not allowed by our government through negligence or misinterpretation of changes in law since 2014.

“We are calling for an immediate halt to the survey and that no seismic surveying be allowed without a proper Environmental Authorisation (EA).”

Zukulu said an EA would ensure that the views of the people of SA, particularly those of rural Eastern Cape coastal communities, were taken into account in a decision about offshore oil and gas exploration and extraction.

“These are the people who will be most affected by any negative impacts of exploration and extraction.

“An EA will also ascertain the wisdom of doing a seismic survey in the unique and famously biodiverse marine ecosystems of the Wild Coast in the light of new research that has been done in the years since 2014.”

SWC said domestic and international law increasingly recognised the rights of indigenous communities while Shell’s process — enabled by mineral resources minister Gwede Mantashe — failed to recognise these rights.

“Together, Shell and [Mantashe] are behaving like the colonial and apartheid powers that came before them by not listening to the indigenous communities of the Wild Coast who have lived in harmony with the ocean for centuries and rely on it for their physical and spiritual well being.”

The extraction of fossil fuel off the Wild Coast would contribute to more catastrophic climate change.

“As indigenous people we feel the need and the responsibility to protect the ocean for the wellbeing of all of us. Ulwandle Yimpilo — The Ocean is Life. That is why we are seeking this urgent interdict.”

The lawyers acting for the applicants in this case are the Legal Resources Centre and Richard Spoor Inc, Attorneys.