Urgent interdict sought to halt seismic testing
Four environmental and human rights organisations – supported by environmental law firm, Cullinan & Associates – have filed an urgent interim interdict against Shell in the Eastern Cape High Court (Makhanda) to prevent the fossil fuel company from commencing seismic testing along the ecologically diverse and sensitive marine environment of the Wild Coast.
The testing was due to start today and the urgent interdict is expected to be heard this afternoon, reports IoL.
Cullinan & Associates delivered a certificate of urgency to the Registrar yesterday.
Shell had until 4pm yesterday to deliver notice of opposition and answering affidavits and the applicants have until 1pm today to deliver replying affidavits.
The matter will be argued virtually.
The applicants are Border Deep Sea Angling Association, Kei Mouth Ski Boat Club, Natural Justice and Greenpeace Africa.
They intend to put evidence before the court to show how ‘irrational and socially unjust’ it is for Shell to continue looking for more oil and gas reserves when the reserves already discovered cannot be used without causing catastrophic climate change.
That is especially in light of the Dutch court ruling ordering Shell to reduce its greenhouse gas emissions by 47% within this decade.
The applicants said the commencement of the seismic exploration activities are prima facie unlawful until Shell has applied for, and obtained, the necessary environmental authorisation in terms of the National Environmental Management Act.
'We also believe that the decision-making process amounts to unjust administrative action since interested and affected parties were not informed of the granting of the exploration right or given an opportunity to appeal it. The public was also not notified of the two applications to renew the exploration right.'
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





