Even though four environmental and human rights organisations lost their urgent court bid to block Shell from proceeding with its seismic survey off the coast of the Eastern Cape, the battle continues as a separate urgent application was filed last week – this time by coastal and fishing communities.

A News24 report says Eastern Cape High Court (Makhanda) Acting Judge Avinash Govindjee dismissed with costs the urgent application brought by the Border Deep Sea Angling Association, the Kei Mouth Ski Boat Club, Greenpeace Africa and Natural Justice – which had sought an urgent interdict to stop the seismic survey, pending a judicial review of Shell's environmental authorisation of the exploration activity.

Govindjee was not convinced by the applicants' argument that there would be ‘irreparable harm’ if the survey would be allowed to continue.

‘Given the paucity of information as to the likelihood of environmental harm, the balance of convenience favours Shell,’ he said.

The applicants were dismayed at the ruling, especially as they were not granted their request to return to court to make further representations and present expert evidence on irreparable harm.

‘The application had to be made on a hyper-urgent basis … which meant that it had not been possible for experts to finalise detailed reports and affidavits by the time the application was launched,’ a joint statement from the applicants read.

‘The decision to allow Shell to continue with its plans to destroy the Wild Coast is very disappointing. Not only will the blasting destroy precious biodiverse ecosystems, but it will also destroy the livelihoods of local communities, all in the name of profit,’ said Happy Khambule, senior climate and energy campaign manager for Greenpeace Africa.

According to the News24 report, Pooven Moodley, executive director of Natural Justice, added: ‘Our fight to safeguard the Wild Coast is not over, and our bigger struggle for climate justice, and to resist oil and gas drilling in SA and across the entire continent is far from over.’

John Luef, of the Border Deep Sea Angling Association similarly echoed views that that the fight would continue.

‘This is not the end, we will continue to fight for our local people, their heritage and the environment,’ said Leuf.

The applicants will be discussing the judgment with their legal advisers to determine if they should apply for leave to appeal.

The applicants will, however, throw their weight behind the separate application filed on Thursday on behalf of Wild Coast communities who are similarly seeking an interdict of the seismic surveys.

The News24 report says the applicants – which include residents, traditional leaders and fishers on the Wild Coast – are represented by the Legal Resources Centre and Richard Spoor Attorneys.

They are also supported by two civil society organisations – Sustaining the Wild Coast and All Rise Attorneys for Climate and the Environment.

They are challenging Shell's environmental authorisation and claim its Environmental Management Programme (EMPr) – granted in line with the Minerals and Petroleum Resources Development Act – is insufficient and that the oil and gas company needs authorisation in terms of the National Environmental Management Act (Nema).

Their affidavit was deposed by Reinford Sinegugu Zukulu, a director and programme manager of Sustaining the Wild Coast, who submitted that if multinational corporations want to conduct seismic surveys or exploration activities then they need to have approvals in terms of the Nema, which Shell does not have.

Zukulu noted the communities were not engaged on the matter.

‘We are, of course, very concerned that the proposed seismic survey will have an impact on our ability to sustain ourselves from the sea,’ the affidavit read.

The report notes the hearing will be held on 14 December in Makhanda.

Full News24 report

Judgment