As reported by Tania Broughton at GroundUp the Supreme Court of Appeal has rejected an appeal by Shell, Impact Africa, and the Department of Mineral Resources and Energy to overturn a High Court ruling that stopped a seismic survey off the Wild Coast. The court said that community participation had been ‘illusory’ and that proper consultation with local communities is needed before any further actions.
Sinegugu Zukulu from Sustaining the Wild Coast criticized the decision, saying it ignored the rights of current and future generations to a life without climate crisis. Wilmien Wicomb from the Legal Resources Centre also expressed disappointment, pointing out that the court did not fully recognize the initial illegality of the exploration right.
The court’s decision supports the rights of local communities, requiring Shell and Impact Africa to have meaningful consultations before any future seismic surveys. This means they must provide notices in local languages like isiXhosa and isiMpondo, instead of English and Afrikaans. Judge Nathan Ponnan said the previous consultation process was inadequate and did not consider the negative impacts on local livelihoods and cultural practices.
Even though the court dismissed the appeal, Shell can renew their exploration rights if they properly consult with affected communities. This follows the Makhanda High Court’s earlier ruling that the initial authorizations were unlawful, a victory for the Amadiba, Cwebe, Hobeni, Port St Johns, and Kei Mouth communities, with support from Sustaining the Wild Coast and Greenpeace Africa.
This ruling is important in protecting community rights against corporate and government actions that ignore local interests and environmental harm. However, allowing Shell’s potential future exploration, depending on proper consultation, means ongoing legal and social battles are likely. This reflects the wider fight for social justice and environmental protection in South Africa.
▶️ This article was originally published on GroundUp
