16 MAY 2024 – RIDING THE WAVE OF ANTICIPATION: INCOMING ENVIRONMENTAL WIN OR ECONOMIC WIN?

Back in 2022, a High Court in the Eastern Cape heard a matter brough forward by the local community against the exploration rights that had been granted to Shell and Impact Africa. This right allowed for seismic surveying for oil and gas to be conducted along what is known as the “Wild Coast”.  The court sided with the community and agreed that the Department failed to consult the local community prior to granting this right, as well as failure to take into account the livelihoods that would be negatively affected. The court agreed with the community that this seismic surveying could impact the food security within this area. Overall, the right that was previously granted to Shell and Impact Africa was set aside.

Shell and Impact Africa have appealed this decision, and the appeal is set to be heard on Friday the 17th of May 2024 at the Supreme Court of Appeal in Bloemfontein. Many NGO’s have rallied behind the local community to defend this landmark judgement against seismic surveying, while the Department of Mineral Resources and Energy has stepped in to justify its rights allocation, stating that part of their mandate is to promote economic development and further that seismic surveying could lead to economic growth and foreign investment within the country.

There is great anticipation surrounding this appeal hearing, as previously at the High Court, Judge Bloem’s judgement placed significant emphasis on the coastal community’s role as ocean custodians. Judge Bloem placed importance on maintaining the link between customary and spiritual practices and the ocean, further connecting his judgement to the Constitutional right of religious freedom. Therefore, the SCA’s decision will seriously impact the balancing act that has been ongoing for years between environmental protection and economic growth.

Whether you are Team Economy or Team Environment, this decision will impact you.

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