Communities on the Wild Coast are taking Shell to court. They want the Constitutional Court to set aside the energy giant’s right to conduct seismic tests on the Wild Coast of South Africa.
The Wild Coast communities, Sustaining the Wild Coast, All Rise Attorneys, Natural Justice and Greenpeace Africa filed petitions to appeal a decision by the Constitutional Court to set aside the order of the Supreme Court of Appeal (SCA), allowing Shell to conduct seismic testing on the Wild Coast of South Africa.
Cynthia Moyo, Climate and Energy Campaigner for Greenpeace Africa, said “the Supreme Court of Appeal’s decision fails to deliver justice and uphold the constitutional rights of the Wild Coast communities.
Shell’s seismic testing poses a significant threat to their livelihoods, cultural heritage, and the environment. Our appeal to the Constitutional Court seeks to ensure that the voices of the affected communities are heard, their rights are protected, and people are prioritised before profit.”
Moyo adds that at the SCA, a successful High Court judgment was upheld, but the order to set aside the exploration right granted to Shell was suspended, pending a decision by the Department of Mineral Resources and Energy on Impact Africa and Shell’s third application to renew the right.
In their papers filed in the Constitutional Court, the communities and environmental justice organisations argue that the SCA’s order that allows the Minister to adjudicate Shell’s latest renewal application of the disputed exploration right, is not “just and equitable.”
The communities say that the order is an attempt to give Shell the chance to make up for their failed consultation process when it applied for the right over a decade ago. They argue that the law does not allow such a late redemption.
The environmental justice organisations further argue that the SCA order is constitutionally impermissible and legally incompetent, and should be set aside by the Constitutional Court.
Shell South Africa announced divestment from South Africa back in May 2024, and said it’s downstream operations would remain.
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Picture: Department of Forestry, Fisheries and the Environment