Page 9 - AfrOil Week 01 2021

AfrOil POLICY AfrOil

Shearwater GeoServices’ Amazon Warrior seismic vessel, shown in 2017 (Photo: Greenpeace)
Shell’s seismic tests involved blasting sound it were granted. The energy company also
waves through the Wild Coast marine envi- defended its exploration plans in a full page
ronment, which is home to whales, dolphins advertisement in weekly national newspaper
and seals. The tests, which had commenced on Sunday Times in December.
December 8, elicited widespread anger in South Wilmien Wicomb, an attorney at the Legal
Africa, leading to protests and court actions. Resources Centre who represented the local
South Africa’s High Court in Makhanda community, said the case held “huge signifi-
delivered the interdict on December 28, order- cance” because it showed that “no matter how
ing it to cease its seismic work immediately. It big a company is, it ignores local communities
also ordered Shell and Energy Minister Gwede at its peril. This case is really a culmination of the
Mantashe to pay the costs of the application. struggle of communities along the Wild Coast
The latest successful court action was insti- for the recognition of their customary rights to
tuted by local communities, including the Ama- land and fishing, and [rights] to respect for their
diba, Cwebe, Hobeni, Port Saint Johns and Kei customary processes,” Wicomb said.
Mouth communities. The groups were granted An earlier court bid to stop the seismic
an interim interdict, which will stand until a rul- survey failed in early December ago, after the
ing can be made on whether further environ- court determined they had failed to sufficiently
mental authorisation is required. demonstrate the likelihood of the testing caus-
Judge Gerald Bloem said Shell was obligated ing environmental harm. But this time around,
to consult with the communities and people environmentalists say they are armed with more
who held customary rights and who would be hefty reports.
affected by the seismic survey. He added that The issue has become quite contentious and
Shell had not done so and said it was essential politically charged, with Mantashe blasting
for the company to Shell to consult these com- attacks on Shell and other oil and gas develop-
munities and understand how the seismic blast- ers in South Africa. He said activists perpetu-
ing might impact them. The judge noted that the ated a “special apartheid” and colonialism that
exploration right awarded to Shell was based on is damaging to Africa’s economic growth and
a flawed consultation process and therefore was development.
unlawful and invalid. Meanwhile, the vessel contracted to conduct
the controversial seismic survey has apparently
Shell’s response left the country’s waters. Bloomberg reported on
A Shell spokesman said the company respected January 5 that the vessel, known as the Amazon
the court’s decision. “We have paused the sur- Warrior, had headed back around the Cape of
vey while we review the judgment. If viable Good Hope, citing ship-tracking data that it had
resources were to be found offshore, this could compiled.
significantly contribute to the country’s energy As of press time, Shell was not available for
security.” comment about whether the vessel had left
Shell had previously threatened to withdraw South Africa for good or whether it planned to
from the project if an interim order against return if it won the appeal. ™

Week 01 05•January•2022 www. NEWSBASE .com P9