By Lehlohonolo Lehana.
The High Court in Makhanda has dismissed Shell and Mineral Resources and Energy Minister Gwede Mantashe’s application for leave to appeal a ruling that temporarily halted a seismic survey off the Wild Coast.
The interim interdict remains in place.
In the latest judgment, Judge Gerald Bloem also dismissed the application with costs.
Green Connection has since welcomed the ruling.
“Green Connection is pleased with the Court outcome on the wild coast Shell matter. Shell has applied for leave to appeal against the interdict and that was denied. That means the seismic ban remains and this is good news for coastal communities of the wild coast.”
In the meantime, we are glad the west coast seismic ban remains in place and we are now going to be looking at the merits of the cases,” Green Connection’s Liziwe Mcdaid said.
Meanwhile, Shell SA chair, Hloniphizwe Mtolo said the company would abide by the court’s decision.
“We are not happy. It is [disappointing that]the judgment has come out the way it has, however, we will abide it. At this stage we are reviewing the judgment and making decisions in terms of how to take this forward,” he said.
Shell and the minister had applied for leave to appeal Bloem’s ruling – delivered on 28 December last year.
The ruling interdicted the oil and gas company from undertaking seismic survey operations under Exploration Right 12/3/252, pending finalisation of Part B of the notice of motion.
At the same time, the application for determining relief was postponed.
Part B of Shell’s answering affidavit deals with the nature of the seismic survey, allegations of harm brought against Shell, and mitigation measures undertaken during the survey.
Shell’s environmental management programme indicates that the window to conduct the survey is between 1 December and 31 May every year, until 10 August 2023.
Given the arguments brought before him, Bloem said that he is of the view an appeal would have no reasonable prospects for success.
“[T]here is no compelling reason why the appeal should be heard. In all the circumstances, it would not be in the interests of justice to grant leave to appeal against the interim judgment,” he added.