By Lehlohonolo Lehana.
Shell,Department of Minerals & Energy and the Department of Agriculture, Forestry and Fisheries are fighting another urgent interdict application, that was heard in the high court in Makhanda on Friday.
This time, the application is being brought by seven other concerned groups including the Amadiba Crisis Committee (ACC), Sustaining the Wild Coast and the Dwesa-Cwebe Communal Property Association.
During Friday’s hearing,Mineral Resources and Energy Minister Gwede Mantashe was described as “ignorant and gravely insulting” for accusing communities living on the Wild Coast of engaging in “colonialism and apartheid of a special sort.”
Mantashe suggested in court papers the communities concerned about Shell’s seismic drilling should have exhausted all options, including an internal appeal before taking legal action.
But Advocate Tembeka Ngcukaitobi SC, who is representing concerned community organisations, said even if residents took the matter up through an internal appeal, Mantashe had clearly “nailed his colours to the Shell mast”.
“He has been unequivocal that he supports Shell,”said Ngcukaitobi.
“The language he used was unfortunate. He accused the communities of engaging in colonialism and apartheid of a special sort masquerading as environmental protection.”
Ngcukaitobi said it was insulting for Mantashe to defend Shell, whose headquarters are in London.
The new application argues that Shell needs authorisation for the seismic survey under the National Environmental Management Act and accuses the petroleum giant of failing to adequately consult with the affected communities.
According to the applicants, Shell began its undersea blasting on 8 December 2021 and the surveying which area is said to be over 45 000 square kilometres from the shoreline and is estimated to take between 110 and 140 days.
An earlier application for an interdict was dismissed by the Makhanda High Court this month, with Acting Judge Avinash Govindjee ruling that the detrimental impact of the survey on the environment and marine life were “speculative at best” and the applicants had not proved a reasonable apprehension of irreparable harm.
The Dwesa-Cwebe Communal Property Association represents communities that are holders of customary fishing rights, which are being trampled due to the negative effects of seismic activity.
“The consultation process carried out by Shell was woefully inadequate. The exploration right, which was awarded on the basis of that defective consultation process, is thus unlawful and invalid,” argued Ngcukaitobi.
The Dwesa-Cwebe community has also stated the seismic blastic will trample upon their cultural rights.
While acknowledging the urgency of the matter, Judge Gerald Bloem adjourned the seven-hour long hearing after arguments were concluded, reserving his judgment until further notice.