Shell and Impact Old and Gas, its SA partner, have lost their appeal at The Supreme Court of Appeal regarding the exploration rights in the Wild Coast. They have invested R1.1 bn on the project.

Guest: Wilmien Wicomb, Attorney from the Legal Resources Centre 

Guest: Sinegugu Zukulu, Program manager at Sustaining the Wild Coast

The Supreme Court of Appeal (SCA) dismissed the majority of the companies’ and energy minister Gwede Mantashe’s appeal bids on Monday after they challenged a high court order that denied them the right to conduct seismic blasting off SA’s coasts.

Environmental activists and small-scale fishing communities successfully argued that the oil companies had failed to provide proper notice and engage with fishing communities, whose livelihoods would be threatened by the exploration activities in the ocean.

A full bench of the Makhanda high court ruled in 2022 that the oil companies’ exploration right in the Wild Coast — which they shared and was granted by the department of mineral resources & energy — was unlawful.

The SCA confirmed the findings of the high court.