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The report examines the legal and social conflicts surrounding Shell South Africa's attempt to conduct seismic surveys off the Wild Coast. It identifies critical gaps between the Mineral and Petroleum Resources Development Act (MPRDA) and the National Environmental Management Act (NEMA), arguing that the 'One Environmental System' created regulatory obscurity. Fieldwork reveals that Shell's consultation process was inadequate, relying on a top-down approach via traditional leaders while excluding fishing communities and ignoring indigenous customs. The document also highlights potential conflicts of interest between the ruling ANC party, its investment arm Thebe Investment Corporation, and Shell, noting that the Makhanda High Court ultimately ruled the exploration right unlawful due to a lack of meaningful consultation.

The paper examines the conflict between the AmaDiba community, the South African government, and Mineral Commodities Limited (MRC) over a proposed ilmenite mine. It highlights failures in community consultation, contradictions between the Department of Mineral Resources (DMR) and the Department of Water and Environmental Affairs (DWEA), and the misuse of black economic empowerment (BEE) legislation via the Xolobeni Empowerment Company (XolCo). The author argues for the adoption of the Free, Prior and Informed Consent (FPIC) protocol to ensure a 'social licence' for mining.