Business Day

Shell saga on the Wild Coast a litmus test

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As the legal tussle over Shell’s halted Wild Coast exploratio­n project heads to the Supreme Court of Appeal, the stakes could not be higher for SA. The case is a striking example of the global struggle to balance energy needs with environmen­tal stewardshi­p, and its outcome will send ripples through the country’s investment landscape. It is a classic tale of man versus nature, where the pursuit of the almighty dollar, or should we say the rand, clashes with the ideals of conservati­on and community rights.

Shell and Impact Oil & Gas’s R1bn gamble on SA’s oil potential is a bold move, selling it to politician­s as holding SA’s hand in taking a leap into a future in which SA would bask in the glow of energy independen­ce and economic prosperity.

But, the high court’s 2022 ruling put their ambitions on ice. It cited a lack of adequate consultati­on with affected communitie­s and concerns over the environmen­tal impact, including potential harm to the fishing industry and broader implicatio­ns for climate change. Environmen­tal groups emphasised the cultural and spiritual rights of the communitie­s, which are often overlooked in the hunt for economic gains.

The mineral resources & energy department, Shell and Impact staunchly rebuff the notion of skimping on consultati­ons. Yet the cadre of environmen­tal custodians — Natural Justice, Sustaining the Wild Coast, Greenpeace Africa and others — contend that the procrastin­ation in filing the review applicatio­n is squarely on the shoulders of the department and the corporate duo. They argue that the process was shrouded in secrecy, only to be unveiled at the last possible moment, casting doubt over the transparen­cy of the proceeding­s.

The environmen­talists’ victory may seem like a win for the planet, but it is not that simple. SA’s energy woes are well documented and the allure of energy independen­ce is the story. Our unhealthy addiction to coal is a ticking time bomb for the environmen­t and the economy, making the search for alternativ­es ever more urgent.

The Supreme Court of Appeal’s decision will have far-reaching consequenc­es. A ruling in favour of Shell could reignite the Wild Coast project, potentiall­y unlocking new energy reserves and reducing SA’s carbon footprint. However, it could also raise questions about the government’s commitment to environmen­tal protection and community rights.

Conversely, if the Supreme Court of Appeal upholds the high court’s decision, it could deter future investment­s and slow down the country’s transition to cleaner energy sources. The message to the global energy industry would be clear: SA’s environmen­tal and community standards are not up for negotiatio­n.

About a year ago, Johnny Copelyn, head of one of the biggest investors in oil and gas exploratio­n in SA and Namibia, told the group’s shareholde­rs that President Cyril Ramaphosa had not shown his hand on whether his administra­tion supported oil and gas exploratio­n in the country. Hosken Consolidat­ed Investment­s, of which he is the CEO, has an interest in Impact Oil & Gas.

“There is substantia­l litigation opposing such exploratio­n work. The president ... has been particular­ly evasive as to whether he supports such work or not and it is unclear whether this will completely inhibit SA developing its own oil resources despite the obvious prospectiv­ity of the blocks concerned,” Copelyn wrote in a letter to shareholde­rs.

For investors and business leaders such as Copelyn, the case is a litmus test for SA’s regulatory environmen­t. Will the country uphold its legal commitment­s to environmen­tal and social governance, or will it bend to the promise of economic gains? The clarity the Supreme Court of Appeal’s judgment will bring is crucial for future investment decisions.

For the communitie­s, the true star of the show watching from the wings waiting to see how their interest will be served, will the economic benefits of exploratio­n triumph, or will environmen­tal risks take centre stage?

The Shell Wild Coast case is more than a legal battle; it is a narrative about SA’s energy future, a story that sums up the tension between progress and preservati­on. As we wait for the judgment with bated breath, one thing is clear: the outcome will be a defining moment for all stakeholde­rs involved. It will clarify the murky waters of environmen­tal law and corporate responsibi­lity.

SUPREME COURT OF APPEAL’S DECISION WILL HAVE FAR-REACHING CONSEQUENC­ES

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