and the fifth respondent, to pay the costs of the applicants, a coalition of Wild Coast communities that argued that blasting would cause significant, lasting damage to marine life and impact their livelihoods and customary and constitutional rights.
Shell had argued that nothing prevented the communities, villagers and fishermen who thought they might be affected from registering as interested persons after newspaper advertisements for comment were placed. It rejected their claims that blasting would cause irreparable harm to the environment as speculation, and minimised those that their cultural rights would be impacted and spiritual harm be suffered as “merely subjective”.
Judge Gerald Bloem held that it was a simple fact that people who were not aware of the process could not be expected to register to have their views heard, noting that the advertisements ran only in the print media and in English and Afrikaans. “We must accept that those practices and beliefs exist … in terms of the Constitution those beliefs must be respected,” he said, adding that the court had a duty to step in and protect those whose rights were offended and the environment.Bloem said whether Shell needed environmental authorisation under the Nema, was a difficult legal issue the court should settle when it hears part B of the application, in which the communities seek a permanent interdict against further seismic blasting.
Shell had argued that an interdict in favour of the communities would cause it financial loss in the order of R1-billion. But the court held that the company should not be allowed to use the consequences of its own failure to consult as a reason why an interdict should not follow. The Legal Resource Centre’s Wilmien Wicomb, the lead attorney on the case, hailed the ruling as an extraordinary victory for communities that have been fighting for their customary land rights and fishing rights for decades, but were often ignored by cabinet ministers.
ESG 1 Shell 0 the other way around and all we will have left are shells.
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Halt the Wild Coast seismic blasting, high court tells ShellOil major has threatened to walk away from entire operation after current oil exploration interdicted BOICOTE SHELL. I DO.
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Court orders Shell to halt Wild Coast seismic blastingShell will have to call a halt to its seismic survey along the ecologically sensitive Wild Coast after the high court in Makhanda today interdicted it from proceeding. This is the best news I've heard in a long time! Well done to all the activists and everyone involved in standing strong in their position to stop or, at least prolong this destructive greed! The constitutional court will allow it, because the ANC is governing under the protection of the 1913 colonial land Act, that's why the scope of investigation start at 1913, everything stolen before 1913 can't be touched or used to uplift the lives of the masses You have to Stand Up for yourself, No one is gonna be with you on the way to Success because the path of Success is very hard and only few can go over it. I earned over R350,000 thanks to AMBREYMARCUS1
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