On 1 September 2022, the Makhanda High Court handed down an important and progressive judgement against Shell, Impact Africa, BG International, the Minister of Mineral Resources and Energy and the Minister of Environment, Forestry and Fisheries setting aside the exploration rights as well as the renewal thereof.
The judgement is significant for the advancement of the Right to Say No as it affirms that traditional leaders cannot make decisions on behalf of communities and that communities have the right to say no to development projects that are harmful to people and the environment.
The judgement will have far reaching impacts for communities that are resisting extractivism in all its forms in asserting their rights to consent and to be consulted meaningfully. It is significant that the Court recognised struggles and resistances on the ground as well as the impacts that oil and gas exploration in our oceans can have on livelihoods, the environment and climate change.
Read the full judgement here.
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