Last week (14 November 2024), The Green Connection, Aukotowa Fisheries Primary Co-Operative, and Natural Justice launched another legal challenge against activities that could worsen climate change and negatively impact environmental health, which could affect fisher livelihoods. This time, the applicants have launched a judicial review of decisions to grant authorisation to TGS Geophysical Company to conduct seismic surveys off South Africa's Western and Northern Cape coastlines. This case challenges decisions made by the Department of Mineral and Petroleum Resources, as well as the subsequent dismissal of internal appeals by the Department of Forestry, Fisheries and the Environment.
"With World Fisheries Day (21 November) observed this week and global climate discussions ongoing at COP29, it is critical to confront the environmental and social risks posed by seismic surveys," says Liz McDaid, Strategic Lead at The Green Connection. "The ocean is an acoustic world, with marine species relying on sound for communication, navigation, and survival. Seismic surveys disrupt this delicate balance by blasting some of the loudest sounds on the planet underwater, with airgun noise, in some cases, detectable as far as 4,000 kilometres away. Yet, the Environmental Impact Assessment (EIA) fails to address how far this noise will travel and its broader implications for marine life."
McDaid highlights that existing evidence links such noise to devastating effects, from hearing loss and stress in marine mammals to death in fish and zooplankton. "This isn't just about individual species; seismic noise can disrupt entire ecosystems, affecting predator-prey dynamics and potentially leading to biodiversity collapse. Small-scale fishers, who depend on a healthy ocean, are particularly vulnerable," she warns.
The EIA also neglects key issues, such as the variability in habitat sensitivity and the far-reaching impact of noise pollution on Critical Biodiversity Areas and Marine Protected Areas. "The report overlooks how seismic noise propagates over vast distances, disrupting ecosystems well beyond the project area. It downplays the risks, failing to apply the precautionary principle or recommend comprehensive acoustic modelling. Ignoring these risks could have irreversible consequences for marine ecosystems and the livelihoods tied to them," McDaid notes.
Walter Steenkamp, a generational fisher from Port Nolloth and Chairperson of Aukotowa Fisheries Primary Co-Operative, describes the community's desperate situation, "Over the years, we have seen our fish stocks decline, and migration patterns change. This forces us to travel further out to sea, which is much more dangerous. This isn't just an environmental issue; it's a threat to our culture, our history, and our ability to sustain our families. These seismic surveys will only make things worse."
Pointing to the mounting impacts of climate change on fishing livelihoods, Steenkamp adds, "What my father caught 36 years ago in a single day is now unimaginable. Fishers like us, who travel 20 to 30 kilometres offshore to chase snoek during the season, are facing longer and more dangerous journeys to catch smaller hauls. This is not sustainable."
The applicants argue that the authorisation also disregarded cumulative risks, particularly the overlapping seismic survey blocks in the project area. These risks were not adequately studied or mitigated, leaving marine ecosystems vulnerable to severe and long-lasting damage. Moreover, they say that government's decisions failed to consider the global climate crisis, ignoring the reduced necessity for oil and gas exploration as the world shifts toward cleaner energy alternatives.
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For generations, small-scale fishers along South Africa's West Coast have been stewards of the ocean. However, they have faced exclusion, economic marginalisation and have witnessed environmental degradation as a result of climate change and poor environmental governance. "Under apartheid and even now, fishing rights have been concentrated in the hands of commercial interests, sidelining communities like ours," says Steenkamp. "This seismic survey is yet another encroachment, and we are standing up to say 'enough.'"
South Africa is at a critical juncture. The country's Constitution and environmental laws demand that decisions like these serve people and the planet. This case is about holding decision-makers accountable to those principles.
