Seismic Surveys off the South African Coastline

Abstract

In two recent South African cases, the applicants sought interim interdicts preventing the respondent companies – Shell and Searcher – from continuing with, or alternatively commencing, their seismic surveys along the eastern and the western/southwestern coasts of South Africa respectively. In both matters, rights in relation to searching for mineral or petroleum resources had been granted in terms of the Mineral and Petroleum Resources Development Act 28 of 2002. The High Courts paid special attention to the inadequate public consultation processes that had been followed and highlighted the duty of Shell and Searcher to meaningfully consult with the affected communities and individuals. In both cases, the Courts found that the requirements for an interim interdict had been met, and Shell and Searcher were accordingly prohibited from continuing with or commencing their seismic surveys of the respective portions of the South African coast, pending the outcomes of the main applications.