The Western Cape High Court has temporarily ordered Australian multinational Searcher Seismic to discontinue its seismic blasting off the west and south-west coast of South Africa pending a hearing on March 7.
This comes after small-scale fishers, West Coast fisheries, and communities in the area approached the court for an urgent interim interdict to stop the blasting. Minister of Mineral Resources Gwede Mantashe was named as one of the respondents in the application along with Searcher.
The subject of the interdict was a seismic survey currently being conducted in terms of a Reconnaissance Permit, the permit, granted to the third respondent, Searcher, in terms of section 74 of the Mineral and Petroleum Resources Development Act 28 of 2002 (Mprda), by the Minister of mineral resources.
The applicants claimed that the permit was unlawful. "The applicants seek the review and setting aside of the permit. Searcher was obliged to consult the applicants, as interested and affected communities when it was applying for its permit. Searcher did not consult the applicants," the applicants said.
According to the applicants, the seismic blasting activities were likely to cause irreparable harm to the marine and bird life in the area, as well as to the livelihoods of the communities who rely on marine life as their primary source of food and income.
"The third and fourth respondents have already commenced their seismic blasting activities, alternatively will commence these activities imminently. The third and fourth respondents have refused to provide an undertaking that they will suspend the blasting pending an urgent determination," the applicants said.
Despite Searcher’s failure to meet the requirements prescribed by National Environmental Management Act (Nema) and Mprda, the minister granted the reconnaissance permit and has not sought to enforce Searcher’s legal obligations as enumerated above, the applicants said.
The seismic survey commenced on January 24. The application is in two parts: Part A seeks an urgent interdict to lock the seismic survey pending part B of the application, which is a legal challenge of the reconnaissance permit Searcher was granted to conduct the survey. The applicants seek the review and set aside the permit in Part B of the application.
The court agreed to move the hearing of Part A to March 7, allowing for parties to file pertinent documents. The seismic survey will be on hold during this time.
Searcher said it would file their papers on February 9, and applicants would file replying affidavits on February 25. The parties have agreed to file heads of arguments before the hearing on March 7.
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