Defending the Ancestors Against Big Oil
On South Africa’s Wild Coast, Indigenous communities are fighting to safeguard their sacred waters from the encroachment of oil exploration.
The coastline near the Dwesa-Cwebe Nature Reserve in the Eastern Cape exudes tranquility, with waves gently caressing the shore and clouds gathering on the horizon. Despite its serene appearance, this area has become a battleground between local communities and corporate interests, particularly the oil industry.
Malibongwe David Gongqose, a 65-year-old member of the amaDingata clan, exemplifies the deep bond that the local Indigenous communities share with the ocean. He relies on fishing for sustenance and views the sea as integral to his spiritual beliefs. On a typical day, he navigates the rocky coastline in search of octopus to use as bait, embodying the traditional fishing practices that have sustained his family for generations.
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However, this traditional way of life is threatened by the ambitions of oil companies. In 2021, Shell announced plans to conduct a seismic survey approximately 25 kilometers offshore, a move that sparked significant backlash from the local population. Shell’s plans, tied to a 50 percent stake in an exploration area granted to Impact Africa Ltd, have ignited a legal battle that has escalated to South Africa’s Constitutional Court.
Seismic surveys, although considered a less invasive method for locating oil and gas reserves, have raised environmental concerns. These surveys involve ships firing airguns at the ocean floor to gather geological data, which can have detrimental effects on marine life. Many coastal communities have voiced their opposition to such surveys, arguing that they threaten not just their livelihoods but also their cultural and spiritual ties to the sea.
When Shell announced its intentions to begin surveying, Gongqose and other community members, supported by environmental organizations, filed a lawsuit claiming that they had not been adequately consulted during the initial exploration rights application in 2013. In September 2022, the High Court ruled in favor of the communities, acknowledging their profound connection to the sea.
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Gongqose’s heritage ties him to the land and sea of the Wild Coast, where his ancestors have lived for over three centuries. The amaDingata clan has endured displacement and forced removals under colonial and apartheid regimes, but their cultural and spiritual connections to the sea have persisted.
The community engages in traditional harvesting practices, where knowledge about the best times and places to collect marine resources is passed down through generations. Places like “Shark Island” hold not just ecological value but are also sites of spiritual significance, connected to ancestral stories and practices. The community believes their ancestors live on in the natural world, guiding them in daily life.
Despite the recognition of their customary rights to fish and gather resources, local communities have faced challenges due to legal restrictions imposed by the government. The Dwesa-Cwebe Marine Protected Area, established in 2000, prohibited traditional fishing activities, leading to arrests and legal battles for community members. However, a landmark ruling in 2018 affirmed the customary rights of the fishermen.
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Today, with rampant unemployment in the region, fishing remains a crucial source of income for many families. The communities are skeptical of claims that oil exploration will boost the economy, feeling that the benefits have not been clearly articulated.
Gongqose expresses concern about the impact of oil extraction on both the environment and their spiritual heritage, fearing that contamination from drilling could sever their connection to their ancestors.
The legal fight intensified when Shell and Impact filed for an appeal following a favorable ruling for the communities. While the High Court ruled that the exploration rights were improperly granted, the Supreme Court of Appeal found it unjust to force Shell to restart the application process from scratch. This decision prompted the communities to appeal to the Constitutional Court, advocating for their right to meaningful consultation.
The tension between corporate interests and Indigenous rights is palpable. Community leaders argue that their traditional practices and relationship with the land and sea must be respected in any decisions regarding oil exploration.
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Back on the beach, Gongqose is hopeful that the Constitutional Court will uphold the rights of his community. The legal recognition of customary rights has instilled a sense of optimism, as they continue to advocate for their ancestral land.
He believes that the battle is not just about the present but also about the legacy he will leave for future generations. Gongqose aims to impart his knowledge of fishing and cultural traditions to his children, ensuring that they remain connected to their heritage. However, the looming threat of oil exploration casts a long shadow over these aspirations.
As he continues to fish, Gongqose reflects on the unpredictable nature of the sea and the environment. He fears that the contamination of marine life from oil extraction could lead to the loss of their way of life.
“Our children, and the children of our children, will not know about our way of life,” he laments, underscoring the urgency of their fight to protect their sacred waters and cultural heritage from the interests of Big Oil.
