The wait is finally over for the Wild Coast communities and civil society when, on 1 September 2022, the Makhanda High court ruled that the decision to grant the exploration right is set aside, as well as the decision to grant the renewal of this right. The decision to grant a further, second renewal, has also been set aside for Shell. And while coastal communities and small-scale fishers celebrated this huge milestone victory, despite the good news, they know that there is still more work and advocacy that must be done to ensure that our oceans are protected for future generations.
The fact that Shell – a multinational oil and gas company – failed to conduct meaningful public participation processes with affected communities, only consulting traditional leaders about undertaking seismic surveys in the Wild Coast, was key to the challenge.
One of the applicants, a small-scale fisher from Coastal Links Port St. John’s Ntsindiso Nongcavu says, “As small-scale fishers we are extremely happy with this judgement. It proves the value of our advocacy and demonstrates that in unity, the people have the power. This success will give hope to many communities, who have been disadvantaged by poor government decisions which did not include them. Winning doesn’t mean that the oil and gas companies will not continue trying to explore the resources on our shores. Therefore, the people must continue to unite and fight these injustices.”
Judge Mbenenge stated that the Wild Coast is home to communities that depend on the ocean for their livelihoods. In addition to the practice of customary rituals, fishing, sporting activities, the Wild Coast remains one of the country’s most popular tourist attractions. He added that protected oceans fall under Section 24 of the Constitution that notes that everyone has a right to an environment that is not harmful to their health or wellbeing. So, thankfully for now, Shell will not be blasting South African waters to explore oil and gas. And if they want to try again, they will have to follow proper consultation and environmental impact assessment processes.
“I am happy with the outcome. From now on, the voice of the people will be taken into consideration when they raise their concerns about oil and gas projects that could potentially cause irreparable harm to marine lives and livelihoods of people. This should set an example even for other oil and gas companies that fail to consult with communities,” adds Phumza Kalimashe a small-scale fisherwoman and skipper from Port St. John’s.
Another member of Coastal Links Port St. John’s Nandipha Nogwina, who is also a Legacy activist with The Green Connection says, “Civil society and coastal communities winning against Shell should be a clear indication to government that meaningful public participation processes are of utmost importance. We are happy as small-scale fishers that our voices have been heard and that the court’s decision favoured and supported us in protecting the pristine Wild Coast.”
The applicants – Sustaining the Wild Coast, Mashona Wetu Dlamini, Dwesa-Cwebe Communal Property Association, Ntsindiso Nongcavu, Sazise Maxwell Pekayo, Cameron Thorpe and All Rise Attorneys for Climate Change and The Environment (NPC) – argued that:
- For the commencement of seismic surveys in the Wild Coast, communities were not consulted
- For exploration activities to commence, there needs to be environmental authorization in terms of National Environmental Management Act (NEMA) regulated by MPRDA
Written By: Lisa Makaula and Natasha Adonis
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BENDING OVER BACKWARDS, DMRE GIVES KARPOWERSHIPS ANOTHER BREAK
30 September 2021 was supposed to be the commercial close – a date set by the Department of Mineral Resources and Energy (DMRE) – for bidders in the Risk Mitigation Independent Power Producers Procurement Programme (RMI4P).
TOSACO EIA MET WITH PUSHBACK FROM CIVIL SOCIETY, TO PROTECT THE OCEAN AND SMALL-SCALE FISHER LIVELIHOODS
This week, The Green Connection submitted its comments critiquing several aspects of the Environmental Impact Assessment (EIA) process, particularly the lack of procedural fairness, as well as the conclusions reached – notwithstanding information gaps and scientific uncertainty – that should form part Tosaco Energy’s request to undertake various activities in Block 1, off the West Coast.
RECENTLY GRADUATED GREEN CONNECTORS, EQUIPPED FOR THE POLLS AND READY TO WEIGH-IN ON COP26
Following their recent graduation from The Green Connection’s Legacy Champions Programme, these newly empowered Green Connectors say they feel equipped with the necessary advocacy skills to make positive changes in their communities, starting with their vote in the local elections (1 November) and weighing in on the discussions around COP26 (which starts on 31 October) – as part of their efforts to oppose oil and gas developments in the country and offshore.
GREEN CONNECTION’S ‘FUNERAL FOR THE CLIMATE’ (AFRICAN ENERGY WEEK) AND COMMENT ON YESTERDAY’S BUDGET SPEECH
This week (10 November 2021), we joined other environmental defenders in Cape Town to peacefully demonstrate outside the African Energy Week #AEW2021 conference venue demanding an end to fossil fuels and the immediate pivot toward the just transition to a renewable energy future.
CLOSE TO 200 PEOPLE RISE AT CRACK OF DAWN TO PROTEST THE ARRIVAL OF SHELL’S SEISMIC MONSTER, AMAZON WARRIOR
On Sunday morning, (21 November 2021), before the crack of dawn, nearly 200 concerned environmental defenders took to the Waterfront to get a glimpse of Shell’s seismic testing vessel, Amazon Warrior, as it made its way into Cape Town harbour. The vessel travelled down the West coast of Africa, on its way to the Wild Coast, to conduct seismic surveys for an estimated five (5) months.
ENVIRONMENTALISTS DOUBLE-UP ON EFFORTS TO OPPOSE UPCOMING AND FURTHER SEISMIC TESTING IN SOUTH AFRICA’S OCEANS
As the groundswell of opposition against Shell’s upcoming 3D seismic survey off the Transkei builds, the Green Connection – an ecojustice NGO that supports small-scale fishers in advocating for their livelihoods – reacted with astonishment to a press statement issued by the Department of Mineral Resources and Energy (DMRE) on 9 December 2021.