Wild Coast Communities And Environmental Groups Appeal Shell Judgment At Constitutional Court

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wild coast communities and environmental groups appeal shell judgment at constitutional court

On July 2, Wild Coast communities, Sustaining the Wild Coast, All Rise Attorneys, Natural Justice, and Greenpeace Africa filed petitions in the Constitutional Court, appealing against the Supreme Court of Appeals (SCA) decision regarding Shells exploration rights on the Wild Coast of South Africa.

This legal battle centres on the right granted to Shell to conduct seismic testing, a decision the petitioners argue undermines the rights of local communities and the environment.

The Makhanda High Court previously found that Shells exploration right was unlawfully granted due to a lack of consultation with affected communities and the neglect of significant considerations such as the right to food, livelihoods from the ocean, cultural rights, and climate change impacts.

The court ruled that the Minister of Mineral Resources and Energy failed to comply with the Integrated Coastal Management Act, resulting in the setting aside of Shell's exploration rights entirely.

Despite this, the SCA upheld the High Court's judgment but suspended the order to set aside the exploration right pending a decision on Shell's third application to renew it.