Human rights organisations lose out in bid to stop Shell from seismic exploration of Wild Coast | Citypress

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.” Furthermore, he said, the necessary mitigation measures were not taken – particularly that many fishing organisations were not informed of the surveys as the EMPr requires – and there is no evidence of any attempt to identify and inform potential interested and affected parties.

The EMPr provides that all the mitigation measures must be strictly enforced so that surveying during December takes place. “By contrast, granting an interdict pending a review would result in Shell missing an opportunity to complete the survey in the current seismic window,” he said. “The question was whether the seismic survey to be undertaken should be interdicted pending the final determination of a separate review application. That question has been answered to the negative,” said Judge Govindjee.

Pooven Moodley, an executive director of Natural Justice, said the outcome was very unfortunate, especially since the judge did not recognise the urgency of the interdict and the immediate threat the seismic surveys pose on the environment, marine life and local communities. Moodley said:

Shell won their case. Please tell all your friends everywhere DO NOT fill up at Shell. The only way we can hit them where it hurts is at the petrol stations! Let's do this guys 👍

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