The Constitutional Court will decide whether the Supreme Court of Appeal’s ruling on Shell’s seismic survey off the Wild Coast was “just and equitable,” as communities and environmental groups challenge the order.
The Constitutional Court will decide whether the Supreme Court of Appeal’s ruling on Shell’s seismic survey off the Wild Coast was ‘just and equitable’, as communities and environmental groups challenge the order.
While the SCA upheld this judgment, it controversially allowed the Minister the discretion to decide on the renewal of Shell’s exploration permit, a decision now being challenged in the Constitutional Court. They contend that the ruling is constitutionally impermissible, legally flawed, and fails to provide clear guidance on how Shell or the minister should address the earlier procedural defects.
However, the appellants maintain that there was no need for the SCA to soften the impact of its decision, as the original judgment had correctly set aside the unlawful exploration right in its entirety. “The ConCourt accepted our appeal on the SCAs suspension order, which afforded Shell and Impact Africa a lifeline by allowing the minister to consider the third and final renewal application provided it was preceded by a consultation process.”
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