Urgent Interdict to Stop Shell in South Africa Denied

Acting Justice Govindjee has dismissed an application to interdict a seismic survey by Shell on the Wild Coast of the Eastern Cape on the basis that "irreparable harm" to marine species was not proved.

"The decision to allow Shell to continue with its plans to destroy the Wild Coast is very disappointing. Not only will the blasting destroy precious biodiverse ecosystems, but it will also destroy the livelihoods of local communities, all in the name of profit," said Happy Khambule, Senior Climate and Energy Campaign Manager for Greenpeace Africa.

The court concluded that the applicants had failed to convince it that there was a reasonable apprehension of "irreparable harm" if the interdict were not granted and that given financial and other prejudice to Shell if the seismic surveys were delayed, the "balance of convenience" was in Shell's favour. Consequently, the application was dismissed with costs.

"The outcome is very unfortunate, especially since the judge did not recognise the urgency of the interdict and the immediate threat the seismic surveys pose to the environment, marine life and local communities," said Pooven Moodley, Executive Director of Natural Justice.

In 2014, a government decision granted Shell permission to pursue seismic scanning of the area situated over 20km off the Eastern Cape coast, resulting in a cascade of opposition that lasted more than seven years. The latest stand against the corporation's plan of using high-decibel airguns to map potential oil and natural gas deposits saw environmentalists protest the arrival of the 130m-long seismic blasting vessel, the Amazon Warrior, at Cape Town Harbour.

While Shell claims to be operating within the bounds of the law, due to its stakeholder consultation process as part of the Environmental Management Programme during 2013 and passing an Environmental Compliance audit, a case can be made that a "loophole" has been exploited by the petroleum corporation.