Shell today scored a major legal victory as a South African court rejected an application to halt the firm's planned 3D seismic survey off the country's east coast.
The Grahamstown High Court ruled against civil society groups' application for an interdict on the basis that "irreparable harm" to marine species was not proved. The application was brought by environmental law firm Cullinan & Associates on behalf of Greenpeace Africa, Natural Justice, the Border Deep Sea Angling Association and the Kei Mouth Ski Boat Club.
The judge said the applicants had failed to convince him, and given financial and other prejudice to Shell if the seismic surveys were delayed, the "balance of convenience" was in the company's favour. He dismissed the application with costs.
The judge said it was doubtful the applicants would succeed in having the granting of the exploration right in 2014 reviewed and set aside, because of the amount of time that had elapsed since then. He said the same applied to challenging the first renewal of the right, because the lapsing of that renewal meant that "the issue was now moot."
In relation to the second renewal application, he found the applicants had prospects of success in any subsequent legal action because they had succeeded in establishing prima facie evidence that public participation in that process had been inadequate.
The applicants expressed dismay that the court had dismissed their application without granting their request to be allowed to return to court to make further representations. They had anticipated being able to present further evidence of irreparable harm on the return date. They were also disappointed that the court had awarded costs against them, and said they will take advice on whether to apply for leave to appeal.
"In the interim we will be doing all we can to support the application made yesterday on behalf of Wild Coast communities who are seeking to interdict the seismic surveys on the basis that Shell does not have an environmental authorisation to undertake them," they said.
"We will continue to support the nation-wide resistance against Shell and pursue the legal avenue to stop Shell," said Greenpeace Africa senior climate and energy campaign manager, Happy Khambule.
