Shell has been granted leave to take its legal fight to secure acreage offshore South Africa to the Supreme Court of Appeal.
Natural Justice, a local NGO opposed to Shell’s plans, reported the development today. Shell has confirmed the move.
The Eastern Cape High Court has allowed Shell – and Impact Africa and the Minister of Mineral Resources and Energy – to appeal.
A hearing was held on November 28. Shell was fighting for its right to revisit a ruling from September 1, from the Makhanda High Court. This court had found the exploration right for the companies to explore was unlawful. In particular, it criticised the companies’ activities in communicating with local communities.
“We welcome the court’s decision to grant leave to appeal to the Supreme Court of Appeal against the Eastern Cape High Court’s judgment given on 1 September 2022,” said a Shell representative.
Natural Justice, and other NGOs such as Sustaining the Wild Coast, All Rise and Greenpeace Africa, “remain confident”, they said, the higher court would find against Shell again.
The case to answer
Shell, Impact and the government had argued for an appeal on two grounds. The communities had taken too long to call for a review and the NGOs should have sought an internal review before going to court.
The Eastern Cape court noted that the companies had not made enough of an effort to communicate. For instance, they failed to use local languages.
However, it said, the higher court should hear the appeal. It was an important case, the ruling said, and relied on the interplay between statutes. This, it said, was “not an exact science”.
Natural Justice said it expected a court date in 2023.
Natural Justice attorney Melissa Groenink-Groves said the verdict was not a surprise. “The court granted the leave to appeal on the basis of public importance,” she said.
“This case is critical for setting important judicial precedents relating to oil and gas exploration. This case deals with what constitutes meaningful public participation, and the importance of considering impacts of oil and gas developments relating to climate change, cultural heritage, and the interests of the whole marine community. We are strong on the merits and welcome the Supreme Court of Appeal’s consideration of this matter.”
Recommended for you
