The Supreme Court of Appeal has dismissed an appeal by Shell, Impact Africa and the Department of Mineral Resources and Energy, to overturn a High Court ruling that halted an seismic survey off the Wild Coast.However, the court has left the door open for Impact Africa and Shell to proceed with their third and final attempt for a renewal of the 2014 exploration rights.
However, the court suspended the orders of the Makhanda High Court which had set aside Shell's exploration right of 2014, and DMRE's decision to renew the right in 2017 and 2021, pending the outcome of a further application by Shell submitted in July 2023. They also argued that certain factors such as climate change and heritage rights need not have been considered in making this decision.
The Mineral and Petroleum Resources Development Act also imposed obligations to consult with any affected party. "If Impact wanted to meaningfully engage with them, it should have prepared notices in their language," he said, noting however, that most of the communities did not read newspapers and relied on radio for news.
Judge Ponnan said the decision was reviewable but the unlawfulness had to be dealt with in line with the Constitution.
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