Constitutional Court Denies Shell Appeal on Wild Coast Seismic Surveys

In a landmark decision, South Africa's Constitutional Court has rejected Shell and Impact Africa's bid to appeal a ruling concerning seismic surveys planned for off the Wild Coast, affirming previous judgments that deemed such rights unlawfully granted. In contrast, the court has opened the door for the affected Wild Coast communities to present their case against the Supreme Court of Appeal's (SCA) decision that allows Shell to apply for a third renewal of the contested permit.

Rooted in a legal tussle that began at the Makhanda High Court, the case's primary contention lies in the failure to adequately notify and consult local communities whose lives and livelihoods would be significantly impacted by the surveys. Their cultural, spiritual ties to the ocean, as well as food security and climate change concerns, were sidelined when granting Shell's exploratory rights, a move later invalidated due to noncompliance with the Integrated Coastal Management Act by the Minister of Mineral Resources and Energy.

While the SCA upheld the invalidity of the original exploration rights, it controversially suspended the order, permitting Shell to pursue a third renewal application. This aspect of the SCA's decision is at the heart of community grievances, as they contest the legitimacy of this postponement. They argue that it fails to uphold the right to fair administrative proceedings and lacks clarity on necessary remedial actions. It signals potential for more legal wrangling ahead.

Embodied by the litigation is a collective of environmental activists and organizations including Sustaining the Wild Coast, All Rise Attorneys, Natural Justice, and Greenpeace Africa. They stand united in the belief that it's too late for Shell to rectify a decade-old faulty consultation approach and that court-routed suspensions of invalidity are inequitable and constitutionally questionable.

Meanwhile, Shell has signaled their intent to divest from various South African operations, including the sale of retail, transport, and refining sectors tagged as non-core holdings. This is parallel to the abandonment of their share in the South African Petroleum Refinery (Sapref), a casualty of cost-cutting measures.

While the date for hearing the Wild Coast communities' appeal remains undetermined, the Constitutional Court's decision reverberates deeply, rendering a subtle yet profound message on prioritizing environmental justice and the rights of indigenous groups in the face of industrial pursuits. The oil giant's ongoing divestment in South Africa echoes these sentiments, perhaps acknowledging the non-sustainability of disregarding both environmental and communal imperatives.