West Coast seismic survey vessel accused of ignoring court order to halt operations

Until Tuesday afternoon, Australian-based Searcher Seismic’s vessel continued to conduct a seismic survey, despite a court interdict preventing them from doing so, civil society organisations have alleged. 

On Monday, the Western Cape High Court ordered Searcher Seismic to cease all seismic survey operations along the west and south-west coast of South Africa. This until the interim interdict has been argued on 7 March.

The 2D and 3D survey was taking place in the Western Cape, with plans to move from the Namibian border, past Cape Town and as far as Cape Agulhas, covering an area of 22,000km² and 10,000km² respectively. 

ALSO READ: Another fishing community in limbo as west coast seismic survey looms

Tracking strange movements

The court victory was short-lived though after the M/V BGP Pioneer vessel was tracked, using Marine Tracker and other sources, and found to still be “travelling along traverse lines” of their predetermined route to conduct the survey. 

This according to The Green Connection, which explained the way in which the vessel was moving was in line with their Environmental Management Programme. 

“Then, the vessel still seems to be operating under a status of ‘restricted manoeuvrability’, which requires it to stay on that predetermined course, which is normal when conducting surveys,” the NGO explained. 

In addition, the vessel was reportedly travelling slowly, between four and six knots, as is also required for seismic operations. A support vessel was also trailing behind. 

ALSO READ: Letter of demand sent in attempt to prevent Western Cape seismic survey

Legal Resources Centre attorney Wilmien Wicomb told The Citizen the ship was tracked following the court interdict which was instituted at 5pm on Monday. 

Wicomb said tracking indicated operations in seismic waters were continuing, which prompted letters being sent to Searcher Seismic requesting urgent confirmation they had indeed stopped operations. 

A response was only received at 2pm on Tuesday afternoon saying they had ceased all surveys. And by 5pm on Tuesday, Wicomb confirmed they were out of South African waters. 

Searcher Seismic is currently in international waters, about 400km off the South African coast. 

“We don’t know what they’re doing. It is unclear if they can continue with the survey in international waters; we’re looking into that now,” Wicomb said. 

Searcher Seismic responded to The Citizen’s request for confirmation if they had ceased operations by saying they respected the court outcome. 

“Searcher wish to advise that we respect the laws of South Africa, as such and in compliance with the court orders we have ceased acquisition in South African waters.

“As this matter is pending before the court, Searcher have no further comment at present however we may consider issuing a media statement in due course,” their response read. 

ALSO READ: West Coast seismic survey halted after successful urgent interdict

“It was another nail-biting day for the small-scale fishers today because Searcher’s legal team were not forthcoming with an unequivocal and clear written confirmation that its vessels had in fact stopped all related activities,” The Green Connection community outreach coordinator Neville van Rooy said. 

“It was only when our lawyers sent them a letter of contempt, that they responded. And from what we can gather, the vessels are headed to international waters, where seemingly no-one has jurisdiction. 

“This really is a blatant show of bad faith from the Australian company.”

Christian Adams, Solene Smith and Carmelita Mostert, some small-scale fishers who are applicants in the court case, said they took comfort in knowing the law was on their side. 

There are 14 applicants in the case, mostly consisting of small-scale fishers and associations, including Steenberg Cove Small-Scale Fishing Community, Aukatowa Small-Scale Fisheries Cooperative, and Coastal Links Langebaan. 

They were represented by the Legal Resources Centre.