FACTSHEET: SHELL SEISMIC SURVEYS OFF THE WILD COAST OF SOUTH AFRICA

This factsheet details legal challenges brought by community groups and environmental organizations against Shell and the South African government regarding seismic surveys for oil and gas exploration off the Wild Coast. The document outlines two primary court cases, the arguments regarding environmental and constitutional violations, and the potential legal precedents the litigation seeks to establish.

• In October 2021, Shell Exploration and Production SA announced seismic surveys to assess oil and gas prospects off the Wild Coast of South Africa, covering approximately 6,011 square kilometres between Port St Johns and Morgan Bay, starting 1 December 2021.
• The exploration right was originally granted to Impact Africa in May 2014 by the Department of Mineral Resources and Energy (DMRE). However, Impact Africa did not conduct an environmental impact assessment or obtain environmental authorisation under the National Environmental Management Act (NEMA).
• A legal challenge by the Border Deep Sea Angling Association and others for an urgent interim interdict was unsuccessful on 3 December 2021. While the court found prima facie prospects of success due to inadequate public participation, it ruled that the 'balance of convenience' favoured Shell due to potential financial prejudice.
• A second legal action brought by the Legal Resources Centre on behalf of the Amadiba, Cwebe, Hobeni, Port Saint Johns and Kei Mouth communities successfully obtained an interdict on 28 December 2021. Judge Gerald Bloem ruled there was a reasonable apprehension of irreparable harm to constitutional rights, including spiritual, heritage, and cultural rights.
• Applicants argue that the Minister of Mineral Resources failed to consider critical factors, including the impact on coastal communities' spiritual and cultural rights, cumulative impacts of exploration, climate change impacts, and the requirements of the National Environmental Management: Integrated Coastal Management Act (ICMA).
• The applicants allege a reasonable apprehension of bias regarding the Minister, citing his public comments promoting oil and gas exploration and a R15 million donation to the African National Congress from the Batho Batho Trust, a stakeholder in Shell's broad-based black economic empowerment partner.
• The litigation seeks to establish a legal precedent that an Environmental Management Programme (EMPr) under the MPRDA is not equivalent to an environmental authorisation under NEMA, and that no seismic survey may be undertaken without the latter.

APA

Natural Justice (2022). FACTSHEET: SHELL SEISMIC SURVEYS OFF THE WILD COAST OF SOUTH AFRICA. https://naturaljustice.org/wp-content/uploads/2022/05/Factsheet_Saving-the-Wild-Coast-Summary_final.pdf

Chicago

Natural Justice. FACTSHEET: SHELL SEISMIC SURVEYS OFF THE WILD COAST OF SOUTH AFRICA. 2022. https://naturaljustice.org/wp-content/uploads/2022/05/Factsheet_Saving-the-Wild-Coast-Summary_final.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=FACTSHEET: SHELL SEISMIC SURVEYS OFF THE WILD COAST OF SOUTH AFRICA |date=May 2022 |url=https://naturaljustice.org/wp-content/uploads/2022/05/Factsheet_Saving-the-Wild-Coast-Summary_final.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljustice2022factsheet, author = {{Natural Justice}}, title = {{FACTSHEET: SHELL SEISMIC SURVEYS OFF THE WILD COAST OF SOUTH AFRICA}}, institution = {Natural Justice}, year = {2022}, month = may, url = {https://naturaljustice.org/wp-content/uploads/2022/05/Factsheet_Saving-the-Wild-Coast-Summary_final.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }