Dutch energy giant Shell has been given the go-ahead for its seismic surveys off the Wild Coast after an urgent interdict application was dismissed in the Grahamstown High Court last Friday, dashing environmentalists’ hopes.

Shell’s seismic surveys could last up to 5 months as the company searches for gas and oil.

The process involves multiple air guns which blast sound waves onto the ocean bed, allowing for a 3D render of the ocean floor.

According to the South African Association for Marine Biological Research, the air guns emit thousands of high decibel explosive impulses which are harmful to marine life.

Last Sunday North Coast residents joined countrywide protests against Shell from Blythedale through to Ballito and Westbrook, armed with placards and shouting ‘to hell with Shell’.

Environmental activist, Blanché van Zyl, said their movement against Shell had gained momentum with the help of non-government organisation Oceans Not Oil, which had attracted the support of more than 200 million people worldwide.

While the initial application brought against Shell had been dismissed, Van Zyl said more action was being pursued against the company.

A second interdict has been filed against Shell by Richard Spoor Attorneys – representing Sustaining The Wild Coast – at the Makhanda High Court.

They will argue that Shell failed to obtain authorisation under the National Environmental Management Act (NEMA) and that cultural, spiritual and traditional aspects of ocean-reliant Wild Coast communities are at stake.

It is understood – according to the affidavit – that in terms of both section 5A of the Mineral and Petroleum Resources Development Act (MPRDA) and 24F of the NEMA, Shell would be committing an offence to go ahead with its activities without environmental authorisation.

But Shell South Africa rebuffed this claim.

“A full stakeholder consultation process was undertaken as part of the development of the Environmental Management Programme (EMPr) for this project in 2013,” said Pam Ntaka, Shell South Africa media relations officer.

“This was also fully aligned with the requirements of the MPRDA and EMPr guidelines as part of NEMA.

Furthermore, the environmental authorisation was obtained for this project in 2014.”

Ntaka said an environmental compliance audit was done in 2020 by independent specialists which found that controls and mitigation measures outlined in the EMPr were still sufficient and valid.

Ntaka said surveys had as yet not started owing to weather conditions. Legal teams also plan to challenge an environmental management plan which allegedly fails to adequately address the risk of seismic surveys on zooplankton in the region.

Impact Africa Limited, tasked with the seismic survey on Shell’s behalf, had submitted an exploration rights application to the Petroleum Agency of South Africa, which was granted in 2014.

The case will be heard next Tuesday.

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