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The Nature of Public Participation in the Decision to Implement Shale Gas Mining: a Case Study of the Karoo Basin

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The Nature of Public Participation in the Decision to Implement Shale Gas Mining: a Case Study of the Karoo Basin The Nature of Public Participation in the Decision to Implement Shale Gas Mining: A Case Study of the Karoo Basin Written by Kofi Gyan Quartey 20752002 Submitted in fulfilment of the requirements for the degree of Master of Social Sciences (Political Science) in the School of Social Sciences, College of Humanities at the University of KwaZulu-Natal, Pietermaritzburg. The financial assistance of the National Research Foundation (NRF) towards this research is hereby acknowledged. Opinions expressed and conclusions arrived at, are those of the author and are not necessarily to be attributed to the NRF Abstract Since 2008 the African National Congress has been making preparations to legalise Shale Gas Mining in South Africa. Shale Gas Mining and its single process of unconventional oil/gas extraction called fracking, has sparked immense controversy both locally and internationally. This has made fracking and Shale Gas Mining a highly politicised topic. Due to uncertainties of the sustainability of fracking, which is evident in factors such as the lack of scientific evidence, and public opposition, states such as France and Bulgaria, have banned fracking. Currently the USA, Canada, Argentina and China are the four major countries in the world that are fracking for unconventional shale gas and oil at commercial levels. Opponents of fracking and SGM emphasise its long term negative socio-economic and environmental consequences. Proponents of fracking and SGM promote it on the basis that it harnesses the potential to bring economic growth and energy security. Further exacerbating the contentious nature of the fracking debate is the lack of accountability, transparency and good governance regarding its proposed implementation around the world including South Africa. The South African Constitution affords all its citizens the right to participate in political decision- making. This research interrogates the nature of public participation in the African National Congresses decision to legalise Shale Gas Mining in the iconic landscape of the Karoo basin. This research employs desktop study aided by 90 journal articles, 40 electronic pdf documents, 71 websites, 19 books, 6 online videos comprised of fracking documentaries news reports, 4 government publications and 2 conference papers. Findings from this study reveal a prevalent lack of transparency and a lack of genuine public consultation and public involvement by South Africa’s national government regarding the proposed implementation of shale gas mining and fracking. Although public consultations had been conducted by Shell falcon and Bundu as is required by the National Environmental Management Act, October 2014 saw the first public consultations initiated by the South African government – over five years after fracking was proposed. ii DECLARATION Submitted in fulfilment of the requirements for the degree of ………………………, in the Graduate Programme in …………………………, University of KwaZulu-Natal, Pietermaritzburg, South Africa. I, ……………………………………….………………………., declare that 1. The research reported in this thesis, except where otherwise indicated, is my original research. 2. This thesis has not been submitted for any degree or examination at any other university. 3. This thesis does not contain other persons’ data, pictures, graphs or other information, unless specifically acknowledged as being sourced from other persons. 4. This thesis does not contain other persons' writing, unless specifically acknowledged as being sourced from other researchers. Where other written sources have been quoted, then: a. Their words have been re-written but the general information attributed to them has been referenced b. Where their exact words have been used, then their writing has been placed in italics and inside quotation marks, and referenced. 5. This thesis does not contain text, graphics or tables copied and pasted from the Internet, unless specifically acknowledged, and the source being detailed in the thesis and in the References sections. _____________ Student Name _____________ Date _____________ Name of Supervisor ___________ Signature iii Acknowledgements To the Triune God : Adonai Elohim Ts’va, Ruach Hakhodesh, Jehoshua. Thank you for your unfailing love, and encouragement that you gave me to finish this work. All the glory belongs to you. I would also like to express my gratitude and acknowledgement to the following people. Many hands make light work. Peace and Goodwill to you all. • Mark Rieker my Supervisor. Thank you for your dedication, patience, availability and sound advice. It has been a pleasure working with you. • My Family Mr Kofi. O. Quartey, Mrs Dr Georgina. D Arthur, Aba and Awo. Thank you for supporting me, proof reading and editing my work. • To William & Joanna Adu-Boahen, Dr Ebenezer Okyere, Dr Steve Naidoo, Thrivin Naidoo, Dornee Addo and Zoe. Thank you all for your immense support and prayers. • TKAG for their wealth of information that helped to shape the case study chapter. • To Kristiyana Ivanova from the University of Sofia, Bulgaria for translating data from the Bulgarian Academy of science from Bulgarian to English. • ETHICORE Consultants for providing me with two articles in the initial stages of undertaking this study. • NRF for their Scarce Skills Innovation Scholarship award. Thank you NRF. iv List of Abbreviations ANC African National Congress API American Petroleum Institute AQA Air Quality Act ASALGP Australian South African Local Government Partnership CCGT Combined-Cycle Gas Turbine CEO Chief Executive Officer CER Centre For Environmental Rights CH4 Methane CO2 Carbon dioxide CONNEPP Consultative National Environmental Policy Process COP Conference of Parties CPUT Cape Peninsula University of Technology CSIR Centre for Scientific and Industrial Research DEA Department of Environmental Affairs DMR Department of Mineral Resources DST Department of Science and Technology DWS Department of Water and Sanitation EIA Environmental Impact Assessment EMP’s Environmental Management Plan GHGs Greenhouse Gases IAPs Interested and Affected Parties IPCC Intergovernmental Panel on Climate Change IOC International Oil Companies LCA Life cycle Assessments LTMS Long Term Mitigation Scenarios MDGs Millennium development Goals MPRDA Mineral and Petroleum Resource Development Act MPs Ministers of Parliament NEMA National Environmental Management Act NDP National Development Plan NGO Non Governmental Organisation v NPC National Planning Commission NWA National Water Act PA Pennsylvania PASA Petroleum Agency of South Africa PSC Public Service Commission PADEP Pennsylvania Department of Environmental Protection RETs Renewable Energy Technologies RDP Reconstruction and Development Programme SANBI South Africa National Biodiversity Institute SEA Strategic Environmental Assessment SGM Shale Gas Mining SGE Shale Gas Exploration SGEIS Supplemental Generic Environmental Impact Statement SKA Square Kilometre Array TCF Trillion Cubic Feet TKAG Treasure the Karoo Action Group UKZN University of KwaZulu Natal US EIA United States Environmental USA United States of America WESSA Wildlife Environmental Society of South Africa WWF World Wildlife Fund UNFCCC United Nations Framework Convention on Climate Change vi Table of Contents Abstract… ................................................................................................................................. ii Declarations ............................................................................................................................ iii Acknowledgements ................................................................................................................. iv List of Abbreviations .............................................................................................................. v Table of Contents .................................................................................................................. vii CHAPTER 1: INTRODUCTION ........................................................................................... 1 1.0 Background & outline of research problem ...................................................... 1 1.1 What are unconventional shale gas and oil? ...................................................... 2 1.2 What is Fracking? ................................................................................................ 2 1.3 Why unconventional Shale gas? ......................................................................... 3 1.4 What is energy independence ? .......................................................................... 3 1.5 What is energy Security? ..................................................................................... 3 1.6 Shale Gas Production around the globe ............................................................. 4 1.7 Controversies Surrounding Fracking ................................................................ 4 1.8 Global Mobilisation Against Fracking ............................................................... 5 1.9 Fracking Bans across the World ......................................................................... 5 1.10 Local Mobilisation Against Fracking in South Africa ...................................... 6 1.11 Origin & History of Public Participation ........................................................... 7 1.12 Public Participation in South Africa .................................................................. 7 1.13 The Constitution of the Republic of South Africa and Public Participation Rights.....................................................................................................................................8
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