But how much legal protection do South Africans have?
South Africa’s Supreme Court of Appeal recently dismissed an appeal by Shell, Impact Africa and the Department of Mineral Resources and Energy to overturn a High Court judgment that halted a seismic survey off the country’s pristine Wild Coast. The High Court found that the right to carry out a seismic survey had been granted to Shell and Impact Africa unlawfully.
The requirement to consult communities has also been interpreted by the Constitutional Court of South Africa in the Bengwenyama case. In this case, the court ruled that a company that wants to prospect for minerals on land that does not belong to it must give interested and affected persons enough information about what exactly it will be doing .
Since December 2014, all mining licence applications have been subject to the National Environmental Management Act regulations, which contain some of the most detailed requirements for public consultation. These notices should also be broadcast on public radio stations such as Ukhozi FM and Umhlobo Wenene, the main sources of information for communities on the Wild Coast.
Discussions about “where to next” are best left to the communities and civil society organisations involved. My observation is that the Shell judgment shows the limits of the South African legal system. It is designed to preserve the capitalist economy and state. Legal cases tend to be won on procedural arguments .
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