Page 5 - AfrOil Week 49 2021

AfrOil COMMENTARY AfrOil

But he granted that they had a possible case that continue to support the nation-wide resistance
could be made for inadequate public participa- against Shell and pursue the legal avenue to stop
tion. Even so, he ruled that the applicants had the super-major from continuing with seismic
failed to convince him that there was a reason- work. “We must do everything we can to undo
able apprehension of “irreparable harm” if the the destructive colonial legacy of extractivism,
interdict were not granted. until we live in a world where people and the
In his ruling, Govindjee said that Shell had planet come before the profits of toxic fossil fuel
provided details on compliance with its envi- companies,” he said.
ronmental management programme and the Pooven Moodley, the executive director of
mitigation measures that would be in place for Natural Justice, called the outcome unfortunate,
the survey. “Given the paucity of information saying the judge did not recognise the urgency of
as to the likelihood of environmental harm, the the interdict and the immediate threat the seis-
balance of convenience favours Shell,” he said. mic surveys pose to the environment, marine
The applicants “failed” to convince the judge life and local communities. “Our fight to safe-
that there is a “well-rounded apprehension of guard the Wild Coast is not over, and our bigger Shell has said
irreparable harm” if the interim relief or inter- struggle for climate justice and to resist oil and
dict is not granted, he added. gas drilling in South Africa and across the entire it hopes to find
Govindjee said that given financial and other continent is far from over,” he declared.
prejudice to Shell if the seismic surveys were natural gas fields
delayed, the “balance of convenience” was in Shell’s relief
Shell’s favour. Consequently, he dismissed the For its part, Shell welcomed the court decision, that will support
application with costs, including the costs of saying it will help the seismic survey move for- efforts to cut
two counsel. ward, in accordance with its regulatory approval
and permitting. It also said that offshore hydro- South Africa’s
Environmental groups’ dismay carbon finds could support the country’s energy
After the judgment was issued, the applicants security and government’s economic develop- carbon emissions
said they were dismayed that the court had dis- ment programmes.
missed the application without granting their Both Shell and the South African Depart-
request to return to court to make further rep- ment of Mineral Resources and Energy (DMRE)
resentations, while awarding costs against them. have maintained that an exploration right
“We had anticipated being able to present fur- granted in 2013 and an Environmental Man-
ther expert evidence of irreparable harm on the agement Programme (EMP) approved in 2014
return date,” they said in a statement. remain valid.
They also explained that they had had to In papers before the court, Shell said that
prepare the application on a hyper-urgent basis it had already spent millions of dollars and
because of Shell’s actions and the inaction of “entered into contractual obligations to be ready
the government. “It had not been possible for to commence the survey. This will all be sunk if
experts to finalise detailed reports and affidavits the interim interdict is granted now,” it argued.
by the time the application was launched,” the It also pointed out that the Amazon Warrior,
statement said. the vessel that will carry out the survey, was
The groups said they were still considering already on its way to the Eastern Cape, where the
whether to appeal against the judgment. How- survey will take place. Delays will cause irrepa-
ever, they did say they would be doing all they rable harm to Shell and its partners arising from
can to support an application made on Decem- wasted expenditure and planning, the company
ber 2 on behalf of Wild Coast communities, who said in its papers.
are also seeking an interdict against the seismic Shell also noted that the exploration project
surveys on the grounds that Shell did not have was intended to ensure energy security for the
the necessary environmental authorisation. country. It explained that it hoped to find nat-
Meanwhile, Happy Khambule, senior climate ural gas deposits that would support efforts to
and energy campaign manager for Greenpeace cut carbon emissions, meaning that an interdict
Africa, said not only will the blasting destroy would have the effect of contributing to green-
precious biodiverse ecosystems, but it will also house gas (GHG) release into the atmosphere.
destroy the livelihoods of local communities, “all As such, it argued, the applicants have not made
in the name of profit.” a case for the environmental urgency of halting
Khambule went on to say Greenpeace would the seismic survey. ™

Wild Coast (File Photo)

Week 49 08•December•2021 www. NEWSBASE .com P5