CAPE TOWN - Small-scale fishers won the first round in their battle to have a seismic survey off the West Coast halted when the Western Cape High Court ruled it cannot proceed until full arguments can be heard.
“The respondents (Searcher Geodata UK Limited and Search Seismic Australia) are directed forthwith to discontinue any activities intended to give effect to or related to the seismic survey of the west and south-west coast of South Africa that commenced on or about 24 January 2022,” said Judge Daniel Thulare.
The outcome came after Searcher had failed to submit their answering affidavits ahead of the hearing on Monday, resulting in the judge not being able to hear full arguments.
Judge Thulare has since ordered that Searcher file their answering affidavits by February 9, after which he gave the applicants until February 25 to file their replying affidavits. The matter was postponed until March 7.
The decision to temporarily stop the survey until the matter is finalised has been welcomed by civic organisation Masifundise who are supporting the applicants.
“I think the judge made the correct decision and we welcome it. It is to the benefit of the communities, the ocean and the environment. It was the correct ethical decision because you can't postpone a case and allow devastating blasting to continue, so he had to put it to a stop. We are very happy with it,” said Masifundise’s director, Nassegh Jaffer.
The application was launched by small-scale fishing communities on the West Coast last month (supported by civic and environmental organisations) to interdict Searcher from conducting the seismic survey pending a bid to review and set aside a permit granted to them by the Department of Mineral Resources and Energy (DMRE) for this purpose.
Seismic blasting is used to find oil and gas before drilling and development begins.
According to the applicants’ papers, the company’s blasting plans cover about 297 087km², “almost 50 times greater in extent than those in issue in the case of the recent Shell decision”, and across water depths ranging from 100m to 4500m.
The applicants represented by the Legal Resource Centre argued that the seismic survey would cause irreparable harm.
“Searcher was obliged to consult the applicants, as interested and affected communities when it was applying for its permit. Searcher did not consult the applicants, either meaningfully or at all.
“Searcher was also obliged to obtain environmental authorisation in terms of the MPRDA and the National Environmental Management Act 107 of 1998 (NEMA), when applying for its permit but had not,” they argued.
The DMRE who is also a respondent in the matter meanwhile said there was compliance.
“Kindly note that in view of the fact that the matter is before the courts, the DMRE is unable to comment in this instance. As previously indicated, the department believes there was strict compliance to the regulatory prescripts.”
Lawyers for Searcher did not respond to requests for comment by deadline.
Cape Times