The legal tussle surrounding the seismic survey along the Eastern Cape wild coast might soon be heading back to court. Shell South Africa, Impact Africa and the Minister of Mineral Resources and Energy, Gwede Mantashe have filed applications for leave to appeal the judgment that set aside for review a decision by the department to grant Shell permission to conduct a seismic survey on the Wild Coast in 2014.
The high court in Makhanda has also set aside for review, the renewal of Shell’s exploration rights in 2021 and 2002. The applications filed by the respondents touch on a number of legal arguments of which one is that the court erred in the application of the Promotion of Administrative Justice act regarding administrative action affecting individuals versus the public at large.
Natural Justice and Greenpeace Africa have indicated that they will in all likelihood file a notice to oppose the application for leave to appeal against the seismic survey judgment.
Their legal representative, Ricky Stone says they are confident in their position.
“My clients, Natural Justice and Green Peace Africa, we are meeting with them early next week to take instructions and we will obviously oppose it. They are going to want some kind of an opinion from our counsel, Nick Ferreira, particularly on the prospects of success. That is what he feels Impact, Shell, and the minister’s prospects might be,” says Stone.
VIDEO: Court upholds ban on Shell exploration on the Wild Coast
