Small-scale fishers tell Searcher to go and never return

Small scale fishers celebrated victory after the Western Cape High Court’s ruling this week led to Searcher Seismic to abandon its survey off the west and south-west coast. Picture: Armand Hough, African News Agency

Small scale fishers celebrated victory after the Western Cape High Court’s ruling this week led to Searcher Seismic to abandon its survey off the west and south-west coast. Picture: Armand Hough, African News Agency

Published Mar 6, 2022

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AFTER the Western Cape High Court ruled that an interdict against the seismic surveys off the west and south-west coast would remain in place, Searcher Seismic announced that it was abandoning the project.

"The vessel is demobilising and leaving South Africa immediately...this is disappointing for us," said Searcher vice president Alan Hopping.

Small-scale fishers, civil society group We Are South Africans, and environmental organisation Green Connection, applied for an urgent interdict to stop or suspend the blasting of the coast on the grounds that the affected communities were not consulted.

In terms of South African law, a meaningful and proper consultations process with interested and affected parties is required before development or mining projects.

A small-scale fisher, Norton Dowries, who was among the applicants, described the court decision as historic and a major victory.

"Imagine, the poorest of the poor winning a case against a multinational giant. Our voices were heard," said Dowries.

Masifundise Development Trust, an organisation that works with small-scale fishers, also welcomed the news of Searcher's decision to pull out.

Its director, Naseegh Jaffer said: "Good-bye Searcher and don't ever come back!"

"We are ecstatic to hear the resounding news. This reminds us that we still have a voice, we can bring about change and we will, for the benefit of our communities," said the founder of We Are South Africa, Gilbert Martin.

Over the past few months seismic surveys have sparked public outcry in South Africa, with environmental organisations and small-scale fishing or rural communities raising concerns over the harm these would cause.

In February petroleum giant, Shell announced that it was abandoning its seismic survey on the Wild Coast after the High Court in Makhanda granted an interdict halting the operation.

With South Africa searching for alternative energy sources to coal and fossil fuels, it has eyed gas as part of the energy mix.

But Jaffer said there were other alternatives and communities would work with the government if it took on an approach that promoted renewable energy sources.

"It's available, it's used in many parts of the world instead of seeking fossil fuels, gas and oil from sources where it will cause harm to the livelihoods of our communities and to marine life," said Jaffer.

Searcher was granted a reconnaissance permit to conduct a seismic surveys in search of oil and gas reserves in the west and south west coast, an operation that would last up to 180 days.

The 2D and 3D survey was to cover an area of 22 000km² and 10 000km², respectively, stretching as far as the Cape Agulhas and the Namibian border.

The survey, by Searcher's vessel, BGP Pioneer commenced on January 24.

The Western Cape High Court heard during the application for the interdict that small scale fishing communities were not consulted, as required by law, before the seismic operation started.

They also argued that the seismic survey would impact on their livelihoods and also posed risk to marine and bird life.

Judge Daniel Thulare found in his judgment that to date, Searcher did not have an environmental authorisation for the operation, as previously argued by the applicants.

"The mindset of the environmental consultant who oversaw the consultation process on behalf of Searcher is worrying. They did not deem small-scale fishers as directly being affected," said Thulare.

Judge Thulare said a proper consultation had significant material results for fishers.

In a communication in August to Searcher's consulting company, the SA Deep Sea Trawling Association (SADSTIA) noted: "We have reason to believe that ultimately the seismic surveys and the potential drilling in the site will have negative impacts on the marine environment and the fishing sector with the disruption to trawl grounds, disturbance to adult fish and impact on survival of eggs and larvae and these should be properly quantified through research and mitigated where necessary.“

In response, Searcher said any potential and further activities would be subjected to the requisite environmental assessment and authorisation process.

The judge also noted that while a cumulative impact of seismic surveys had not been studied in South Africa, physical damage to marine animals had been linked to the kind and level of sound emitted during the nature of seismic surveys Searcher was undertaking.

He also noted that the mitigation measures that Searcher had put in place were "at best partially effective and in certain circumstances not effective at all".

The judgment also noted that Searcher glossed over the potential impact on snoek, which small scale fishers relied on for their livelihoods.

The timing and duration of the survey also coincided with the onset of the breeding season of the sea birds.

"As things stand, the survey will be at the expense of livelihoods of impoverished communities of small-scale fishers, which Searcher deliberately marginalised,“ Thulare said.

With the Easter period approaching and most families observing it with the traditional fish curry, small-scale fishers would now, according to Jaffer, venture into the ocean with no fear of depleted stock.

Hopping said that although the company planned to discuss options with the government and stakeholders to "achieve the business certainty we need", this was likely to be a "long and uncertain road".

The interdict was granted pending the outcome of an internal appeal of Searcher's reconnaissance permit, granted in May 2021 and other aspects of the legal case.

Martin said: "It is my hope that we will have a government that will not destroy the environment, stop harassing people and stop taking our resources and selling them to the highest bidder."