<
https://hakaimagazine.com/news/in-their-legal-victory-over-shell-south-africas-indigenous-communities-continue-to-assert-their-power/>
"In a court decision reached late last year, Indigenous communities from the
Wild Coast of South Africa’s Eastern Cape have attained a landmark legal
victory against energy and petroleum giant Shell. To win their case, lawyers
representing the Umgungundlovu, Dwesa-Cwebe, and Port Saint Johns Indigenous
communities, among others, argued that because Shell failed to consult
meaningfully with local communities, the company’s efforts to explore shale gas
off the country’s eastern coast ignored a crucial aspect of local custom. The
victory has been hailed as a major breakthrough in the effort to stem the tide
of climate change. But it is also a potent example of how Wild Coast
communities are using the courts to fight for the right to determine what
happens in their territory and strengthening their hand in a country heavily
marred by colonialism.
The application that kicked off the lawsuit was brought to South Africa’s High
Court by a collection of NGOs, artisanal fishers, and community representatives
after the exploration ship
Amazon Warrior arrived in late November 2021 to
conduct controversial seismic surveys that had been green-lighted by the South
African government in 2013. The ship was preparing to study the seafloor using
seismic airguns, devices that generate cannon blast–like pulses of compressed
air. The plan was heavily criticized by environmental groups and marine
activists. The Academy of Science of South Africa called the technology
severely outdated and said the surveys are a “real harm to marine life.”
The vessel’s arrival sparked nationwide protests and boycotts of Shell filling
stations, but the company defended their survey approach. They received
vociferous support from South Africa’s minister of mineral resources and
energy, Gwede Mantashe, a widely unpopular figure among Wild Coast communities.
(When reached for comment, neither Shell nor Minister Mantashe’s office
provided a response.)
According to educator and community leader Sinegugu Zukulu, who filed the
lawsuit on behalf of the NGO Sustaining the Wild Coast, one of the core tenets
of their dispute was that Shell failed to give local communities an opportunity
to weigh in. “It is not only about giving consent,” Zukulu says. “It is about
our right to say no to Shell directly and to be able to give our reasons.”
Another tipping point for the court’s decision was the significant cultural
connection between Wild Coast Indigenous communities and the sea.
The Wild Coast falls within the Maputaland-Pondoland-Albany biodiversity
hotspot, and its pristine waters provide habitat for an exceptional array of
endemic and endangered marine species, including South Africa’s national fish
the
galjoen, or black bream, along with red steenbras, black musselcracker,
and abalone. Every winter, the region plays host to a mass migration of
sardines that is estimated to rival, or even exceed, East African terrestrial
migrations by biomass."
Via Future Crunch Feb 17, 2022:
https://futurecrunch.com/goodnews-measles-wolves-energy-down-under/
Share and enjoy,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
