South African communities vs Shell: High court victories show cultural beliefs and practices count in climate cases

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When the Shell petroleum company announced in 2021 that it wanted to explore for fossil fuels off South Africa's pristine Wild Coast, Indigenous communities in the area immediately fought back through the country's courts.

South African communities vs Shell: High court victories show cultural beliefs and practices count in climate cases, the communities successfully challenged Shell. They won both cases, winning an interim interdict to put Shell's exploration on hold and having the company's exploration right set aside.

The courts engaged with the communities' cultural beliefs and practices. They also recognized that Indigenous peoples have a wealth of knowledge related to sustainable living, and that their livelihoods,and constitutional law. We also focus on the political and governance issues that arise within this space, as well as the role of law in mediating the relationship between humans and the environment.we examined the two cases in question.

Finally, the applicants were concerned about the seismic survey going ahead without a climate change impact assessment being carried out first. They worried about what the climatic effects might be if the survey revealed The court accepted the applicants' statements about sustainability and the need for and practice of Indigenous knowledge transfer. For example, it noted that the Amadiba traditional community"practice the customary practices which they have been taught, namely when they fish, they think of tomorrow." This knowledge about the environment, and ways of living in harmony with the environment, is transferred from one generation to the next.

 

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