Shell is, for now, free to proceed with its seismic survey of the ocean off the ecologically sensitive Wild Coast after four environmental and human rights organisations today lost their legal bid to interdict it from doing so.
Acting Judge Avinash Govindjee dismissed the application with costs after delivering a 38 minute judgment.
Border Deep Sea Angling Association (BDSAA) and the Kei Mouth Ski Boat Club together with human rights law agency Natural Justice and environmental warrior organisation, Greenpeace says the seismic surveying causes immense damage to marine life and had hoped the court would interdict the company from pursuing the survey under an exploration right obtained in 2014 and subsequently twice renewed. It maintained the ER was awarded unlawfully in breach of the public’s rights and say it, and both the renewals, should be declared invalid. They will in January seek to review and set aside both the original decision and the subsequent renewals
In the meantime, they had hoped to stop Shell via the urgent interdict from proceeding with its seismic survey until the review application could be considered. That hope was dashed at 9.35am today.