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Sustaining the Wild Coast & Others v Minister of Mineral Resources and Energy & Others (Wild Coast Seismic Survey) Part A – interdict judgment

28 December 2021

The judgment of High Court, Eastern Cape Division, Grahamstown is available here.

Case Number: 3491/2021

Date delivered: 28 December 2021

Date heard: 17 December 2022

Judge: Bloem J

Outcome:

  • The third, fourth and fifth respondents (Shell, Impact Africa and BG International Ltd) were interdicted from undertaking seismic survey operations under their exploration right, pending the finalisation of Part B of the application.
  • Shell and the Minister of Mineral Resources and Energy were ordered to pay the costs of the application including three counsel.

Summary:

This matter involved an application for an interim interdict. The application had two parts. In Part A the applicants sought an order interdicting the third, fourth and fifth respondents from proceeding with a seismic survey of the Wild Coast region of South Africa’s eastern coast, pending the outcome of Part B of the application.

In Part B the applicants sought an interdict prohibiting the same respondents from proceeding with the seismic survey unless and until an environmental authorisation has been granted under the National Environmental Management Act.

Pleadings:

Application for leave to appeal interim interdict

  • Shell and Impact Africa appealed the judgment of the High Court, and Bloem J dismissed this application on 17 February 2022. The decision in the application for leave to appeal is available here.