Acting Judge Avinash Govindjee dismissed the application with costs, including the cost of two counsels.
In delivering his judgment, which lasted less than 40 minutes, during a virtual sitting of the Grahamstown High Court in Makhanda on Friday morning, Govindjee said: “I must exercise a discretion to reject the application.” But Judge Govindjee rejected this view and said in court papers that here was no basis that a detailed mitigation strategy emanating from a 600-page EMPr was inadequate.
He said this does not suggest there is no risk to marine life at all, but that is not the test. He accepted that the applicants did not only act in their own interests, and the interest of their members, but in the interest of the broader community and public at large. He added that this could have a range of consequences, including compromising Shell’s interests in exploration rights and in its breach of contracts and obligations.This all contributes to [Shell’s] concerns of millions of dollars of expenditure that it has incurred in preparation for the survey.
The applicants said the judgment was a massive blow for the Wild Coast and that they would be discussing it with their legal advisers with a view to deciding whether or not to apply for leave to appeal against aspects of the judgment.“The decision to allow Shell to continue with its plans to destroy the Wild Coast is very disappointing.
We must launch new bids until the courts listen to the people. Our courts at partisan n captured shem. We must protest against them. Soon.
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