Shell verdict: Evidence that in standing together, coastal communities can be the masters of their own ships, 2 September 2022

“Civil society, traditional communities and small-scale have once again been vindicated by the courts. Well done to our comrades for staying the course of this fight against Shell, to protect our oceans and the rights of those communities who will be affected.” This is the message from The Green Connection, an eco-justice organisation opposed to offshore oil and gas exploitation.

...Small-scale fishers took Shell to court, back in December 2021, in a bid to stop a marine seismic survey offshore of the Wild Coast (Eastern Cape)...[and] yesterday the Makhanda High Court ruled that the decision to grant the exploration right is set aside, as well as the decision to grant the renewal of this right. The decision to grant a further, second renewal, has also been set aside...

According to The Green Connection’s Strategic Lead Liziwe McDaid, “...This victory is a great message to the rest of Africa for African Climate Week, since our continent is experiencing an onslaught of offshore oil and gas proposals, which will have detrimental future impacts. And, if South Africa is serious about climate change, then we must halt all offshore oil and gas exploration, immediately. We hope that this court victory serves to signal a shift to good governance of our oceans which is needed in the climate crisis we face.”

Ntsindiso Nongcavu from Coastal Links Port St. Johns says, “...We are glad that Shell did not win this case because it would mean that thousands of fishers will not be able to use the ocean as before, because it will be zoned off and turned into a no-go area..."

Spokesperson for the Amadiba Crisis Committee in Xolobeni Nonhle Mbuthuma says, “...We decided to gather as the seven (7) villages to listen to the ruling at The Great Place. We are very happy that the judgement is in favour of our community...If the judgment had been in favour of Shell, then that means that the whole planet loses everything, because this case is not just about livelihoods. It is about saving the planet and humanity.” 

Sinegugu Zukulu from Sustaining the Wild Coast says, “Unlike other coastal stretches in South Africa, Indigenous communities have maintained continuous possession of this land, despite waves of colonial and apartheid dispossession. This is no accident. Our ancestors’ blood was spilt protecting our land and sea. We now feel a sense of duty to protect our land and sea for future generations, as well as for the benefit of the planet.”

A key issue in the case of Shell’s seismic survey off the East Coast is that the company relied on an old Environmental Management Programme (EMPr) from 2013. However, even in 2013, many affected communities were not consulted about what a seismic survey might mean for them, since many did not know about the exploration right application and were not even listed as interested and affected parties. Another issue is that media channels and languages selected, further served to exclude many traditional communities. Indigenous languages, commonly spoken in the region, were ignored (only English and Afrikaans were selected), and no radio or community publications – which are popular in these communities – were used.

According to The Green Connection’s Community Outreach Coordinator Neville van Rooy, “...The overwhelming groundswell of outrage from civil society – which led to a coastwide civil action against Shell’s disregard of affected communities – demonstrates that people are realising that oil and gas exploration and production can negatively impact oceans and livelihoods that are dependent on the oceans, a natural resource that belongs to us all.”

...ENDS