What the Appeal Court’s fracking judgment means

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Given the water scarcity of the Karoo, the contamination of the groundwater may, in particular, be disastrous'.

Treasure the Karoo Action Group has been campaigning to stop fracking in the Karoo. Photo: Gavin Silber

At the end of 2014 following a long and complex law reform process, the so-called One Environmental System was promulgated. The system was recognised in the SCA’s judgment as “a paradigm shift in respect of the management of environmental impacts of activities” by mining companies. It integrates the mining industry into the national environmental framework and brings the industry under the oversight mandate of the Department of Environmental Affairs.

The SCA noted that fracking has the potential to cause significant environmental impacts. It involves deep vertical drilling into the shale rock layer and horizontal drilling deep underground to maximise contact with the pores in the rock layer where the shale is found. Then, a mixture of water and chemicals is pumped into the drilled wells at high pressure, “fracturing” the rock layer.

Remarkably, both the Ministers of Mineral Resources and of Environmental Affairs sought to convince the SCA that the Minister of Mineral Resources did have a mandate to make these regulations. The SCA rejected their arguments.

 

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