Abstract

The decision in Sustaining the Wild Coast & others v Minister of Mineral Resources and Energy & others represented a landmark victory for local communities in the Eastern Cape over prominent oil companies, notably Shell. The applicants sought an interim interdict in the High Court to prevent Shell from undertaking a seismic survey pursuant to an exploration right, pending the determination of an application for a final interdict. The High Court, in hearing the application for the final interdict, also considered various grounds of review under the Promotion of Access to Administrative Justice Act 3 of 2000, including procedural fairness and a failure to take into account relevant considerations. The High Court set aside the granting of the exploration right and its renewals. The Supreme Court of Appeal, however, despite dismissing an appeal by Shell, decided to suspend the setting aside of the exploration right and its two renewals pending the determination of a third renewal application. The note considers the judgments of the High Court and the Supreme Court of Appeal with a focused analysis of maritime intangible cultural heritage, concluding that this legal framework should be better integrated into the authorisation process for an exploration right.