DAILY MAVERICK
Judgment reserved in case against Shell’s seismic survey along the Wild Coast
The second day of the three-day court case between Shell, Impact Africa and environmental activists kicked off at the Gqeberha High Court on Tuesday following arguments from advocate Tembeka Ngcukaitobi SC and advocate Nick Ferreira on Monday.
The judges adjourned the matter, reserving judgment in both granting the joinder application put forward by Natural Justice and Greenpeace Africa (represented by the environmental law firm Cullinan & Associates) and the declarator that Shell required an environmental authorisation under the National Environmental Management Act (Nema), and if their exploration rights had been lawfully awarded by the Department of Mineral Resources and Energy (DMRE).
On Monday, Judge President Selby Mbenenge, Deputy Judge President Zamani Nhlangulela and Judge Thandi Norman heard the merits of the joinder application.
On Tuesday, Jeremy Gauntlett SC, representing Impact Africa, argued against the joinder application sought by Natural Justice and Greenpeace Africa, saying the two organisations added nothing new to the case and had decided to attach themselves like a “cuckoo in a nest”.
During the second day, Gauntlett argued that the applicants were using a legal “knobkerrie” via interdict to undermine Minister Gwede Mantashe’s authority to decide the matter, laying blame on imperfect legislation rather than the decision-maker. read more
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