Horizontal hydraulic fracturing is a drilling and stimulation technique used to mine shale gas.
It involves pumping vast volumes of water, sand and chemicals into horizontally drilled wells
under great pressure to create cracks in the rock layer to release trapped gas.

FRACKING IS UNSUSTAINABLE • WATER THIRSTY • DAMAGES THE ENVIRONMENT
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About Us

Chairmanship of TKAG is presently under environmentalist, Karoo author and photographer Jonathan Deal. In March of 2011, TKAG was strengthened by the addition of Lewis Gordon Pugh – internationally renowned environmental campaigner and swimmer.

Our legal capacity is in the expert hands of Dr. Luke Havemann – a specialist energy attorney and author of the now famous ‘Havemann report’ – a critical review of the Draft Environmental Management Plan of Shell to frack the Karoo.  Public Relations and media campaign is managed by HWB communications – a specialist PR consultancy based in Cape Town, represented by HWB CEO Evelyn John Hotzhausen and accounts executive, Martin Slabbert.

TKAG presently pursues a multidimensional strategy encompassing three specific objectives:
  1. To maintain expert and current knowledge of international developments in fracking.
  2. To make use of public forums, the media and printed material to inform the public of South Africa on the facts about fracking.
  3. To use every legal means at our disposal, including litigation, to protect the people and environment of South Africa in accordance with the tenets of the Constitution of the Republic of South Africa.
TKAG is managed by a volunteer executive team who meet in Cape Town every week.

The journey so far

In response to frequently asked questions about TKAG and our campaign against shale gas mining, we set out out the status quo in SA.We have decided to give our members some insight to what we as an organisation have been up to over the past couple of months.

TKAG, a registered non-profit organisation, was founded in February March 2011 by a group of ordinary South Africans concerned with the bad reputation and reported pollution associated with fracking. Our (and your) core team comprises unpaid volunteers, a number of whom work at the campaign 7 days a week. Public donations are our only source of income.

We oppose any attempt to advance the advent of shale gas mining in SA on inter alia, the following basis:

  • ·         the lack of a proper public consultation process which means that many of those people that would be affected by shale gas mining/fracking are still unaware of it;
  • ·         the fundamentally flawed Environmental Management Plans submitted by the applicants;
  • ·         the lack of a proper regulatory framework and enforcement capacity;
  • ·         the more than 140 places around the world that have placed a ban, moratorium or restriction on fracking;
  • ·         the international bad reputation of hydraulic fracturing and shale gas mining with effects ranging from health impacts, water contamination, air pollution to environmental degradation,
  • ·         the unsettled science surrounding the technology;
  • ·         the sensitive and unique biodiversity of South Africa
    TKAG presently pursues a multidimensional strategy encompassing three specific objectives:


  • To maintain expert and current knowledge of international developments in fracking.
  • To make use of public forums, the media and printed material to inform the public of South Africa on the facts about fracking.
  • To use every legal means at our disposal, including litigation, to protect the people and environment of South Africa in accordance with the tenets of the Constitution of the Republic of South Africa.

Some of the milestones in our journey thus far include:


  • January 2011 – created the Facebook group Chaseshelloiloutofthekaroo – 2000 members in ten days, 7000 in five weeks. This has become the portal for exchange of information, coordination of anti-fracking initiatives in SA. It is well monitored by international activists, environmentalists and naturally the oil and gas industry too.
  • 1 February 2011 Attended first shell public meeting in Edgemead Cape Town – the day that I morphed from a mole to an environmentalist
  • 16 February, 2011, Wednesday – Lewis Pugh throws his weight behind the fight. (“Hello Jonathan, this is Lewis.” “Lewis who?” “Lewis Pugh!”)
  • 26 February TKAG officially formed at farm of Derek Carstens outside Graaff-Reinet.
  • First week of March 2011 – HWB briefed – start of our meteoric media profile development
  • March 19th Sunday – Luke Havemann is retained by Pugh and Deal. Briefed to compile the first critical review.
  • March 25th Friday – Kelvin Grove – Lewis Pugh addresses Shell in front of a 500 strong crowd – the speech goes viral and around the world in 24 hours
  • April 5th – Lewis Pugh delivers the Havemann report to President Zuma’s office in front of Parliament.
  • The introduction of the moratorium on 20 April 2011. It was extended in August of 2011.
  • May 2011 – TKAG – files a detailed complaint with the ASA regarding Shell’s misleading adverts and media statements.
  • Also in May, the formation of an interdisciplinary task team was announced that would address and study the full range of implications related to fracking.
  • The Advertising Standards Authority of SA found Shell guilty on four accounts after complaints. They were ordered to withdraw their advertisements.
  • On the 9th of January 2012, the North Gauteng High Court ruled in favour of TKAG, allowing us to gain access to information regarding the fracking task team that Minister Shabangu commissioned to study the full effects and implications of fracking.

    Based on information to hand and media statements by South African Government Ministers and department officials it would be foolish for South Africans to ‘hope for the best’ - i.e. Shale gas mining will never be approved in our country. The reality is that our government will bow to external and internal pressures, lift the moratorium and issue exploration licences with much fanfare about how closely they are going to control the companies, and how much money will find its way to the poor. It is a fact that neither of those two things have ever happened in SA.

    The question that you, our reader, supporter and conduit to other concerned citizens, should perhaps ask is “Will SA citizens only dig into their pockets when Shell has their licence and are on the way to the Karoo?”

    The volunteer staff of TKAG – that’s us – have worked on this 7 days a week since January 2011 – that’s sixteen months. And volunteer today to keep on doing it for as long as is necessary. We are ready to move at short notice to oppose the issue of licences for shale gas mining. If you want us to stay in the fight into High Court and eventually to the Constitutional Court – which is the only place that will permanently defeat fracking – you (and the many people that you know who can afford R50 per month, every month) need to finance it.

    Thank you for the support.

    Jonathan Deal

    Chairman

Constitution

CONSTITUTION OF THE NONPROFIT ORGANISATION KNOWN AS:

‘TREASURE THE KAROO ACTION GROUP’

A nonprofit organisation is hereby established in accordance with the following terms and provisions:

1 NAME  
  The name of the organisation hereby consitituted shall be Treasure the Karoo Action Group, which may also be referred to, from time to time, as TKAG (hereinafter referred to as "the Organisation").
 
 
2. OBJECTIVES  
2.1 The Organisation’s primary objective is to ensure the sustainabledevelopment of natural resources and the protection of heritage resources ina manner that will be beneficial to the people of South Africa. To this end, inmanner that is devoid of race, gender and class distinctions, theOrganisation aims to: 
 
 
 
2.1.1 motivate and enable the people of South Africa to work together toprotect the environment and heritage resources of South Africa for thebenefit of the current generation and, in particular, future generations;
 
 
2.1.2 meaningfully contribute to environmental, social and economic issuesarising from the exploitation of South Africa’s non-renewable resources;
 
2.1.3 enhance the ability of the South African people to address enviromental,social and economic issues that may arise as a consequence of atransition from non-renewable energy sources to renewable energysources; 
 
 
2.1.4 promote energy efficiency and the advancement of renewable energysources and technologies; 
 
2.1.5 contribute to the safeguarding of the heritage resources of South Africaand encourage the people of South Africa to protect such resources;
 
2.1.6 oppose degradation of the environment and heritage resources as aconsequence of the unsustainable development of the natural resources;and, 
 
 
2.1.7 facilitate the dissemination of information and expertise that further thesustainable development of natural resources and the protection ofheritage resources. 
 
 
3. POWERS  
3.1 The Organisation shall have all such powers as may be necessary in orderto undertake and promote its objects as hereinbefore stated.Withoutderogating from the generality of the aforegoing, the Organisation shall havethe following specific powers: 
 
 
3.1.1 The Management Committee shall be entitled, from time to time, to dealwith any assets or investments for the time being and from time to time,forming part of the Organisation's funds (being the Organisation's funds
 
 
  and assets), as they in their sole and absolute discretion may decide,with the intent and purpose that the Management Committee shall havethe same unrestricted power of investing and using available funds andtransposing investments and altering the use thereof, as if they wereabsolute beneficial owners entitled thereto.
 
 
 
3.2 Without derogating in any way from the generality of the authority specifiedin 3.1 hereof, the Management Committee shall have the following specificpowers, privileges and discretions and the Management Committee shall bymajority vote be entitled:
 
 
3.2.1 to invest the Organisation funds in such manner as they in their sole andabsolute discretion may consider fit, provided that such funds may onlybe invested with registered financial instituions listed in section 1 of theFinancial Insitutions (Investment Funds) Act, 1984;
 
 
3.2.2 to realise or vary any investments from time to time, forming part of theOrganisation funds and to re-invest the proceeds in any suchinvestments hereby authorised, as the Management Committee in theirsole and absolute discretion may consider appropriate;
 
 
3.2.3 for such period as they may determine, to allow all investments at anytime forming part of the Organisation funds, to remain either uninvestedor in their original state of investment;
 
 
3.2.4 to enter into donor funding arrangements with companies or individualsand to solicit and accept donations, bequests and contributions towardsthe funds of the Organisation;
 
 
3.2.5 to institute or defend legal proceedings;
3.2.6 to divide the Organisation funds into separate portions, or to establish aseparate Organisation or Organisations; and,
 
3.2.7 to exercise the powers and authorities herein granted to theManagement Committee in any part of the world and not only within theRepublic of South Africa.
 
 
3.3 Without in any way derogating from the powers and authorities hereinbeforevested in the Management Committee, they shall be entitled to deal withassets or investments held in Organisation by them in such manner as theyshall from time to time deem advisable in the interest of the Organisation andto this end the Management Committee shall be vested with all suchadditional powers and authorities as shall be necessary to enable them to do so.
 
 
 
 
     
4. CAPITAL AND INCOME  
4.1 The Organisation shall be conducted on a non-profit basis, with the intentand purpose that its capital and income whencesoever derived, shall beapplied solely towards the promotion of its objects, and no portion thereofshall be paid or transferred, directly or indirectly, (whether by way of salary,dividend, bonus or otherwise howsoever) by way of profit or distribution toany of the members of the Organisation;provided that nothing hereincontained shall preclude the payment in good faith to a member or any otherperson of :
 
 
 
 
4.1.1 reasonable remuneration for services actually rendered to or on behalf ofthe Organisation; and,
 
4.1.2 reimbursement of actual costs, expenses and other commitmentsincurred on behalf of the Organisation.
 
5. MEMBERSHIP
5.1 Membership of the Organisation shall be conferred upon such persons asthe Management Committee, in its absolute discretion, deems appropriate.
 
5.2 Membership may only be cancelled by a decision of the majority of theManagement Committee where, in their opinion, such member's conduct isnot in the interests of the Organisation or in conflict with the objectives of theOrganisation.
 
 
5.3 It is hereby expressly recorded that the Management Committee shall not beunder any obligation to assign reasons for their decisions in relation to theadmission or cancellation of membership.
 
 
6. VESTING OF POWERS  
6.1 The powers of the Organisation shall be exercised by the ManagementCommittee, which shall comprise not less than 5 (five) nor more than 9(nine) persons.
 
 
6.2 There shall be elected and/or appointed at each Annual General Meeting ofthe Organisation, from amongst its member, the Management Committee referred to in clause 6.1 above comprising:
 
   
6.2.1 a Chairperson;
6.2.2 a Vice-Chairperson;
6.2.3 a Treasurer;
6.2.4 a Secretary; and,
6.2.5 a Media Liason.
6.3 Any member of the Organisation shall be eligible for appointment to theManagement Committee.
 
6.4 If so desired, the decision as to who shall fill the position of Chairperson,Vice-Chairperson, Treasurer and any other office bearer, if elected, may beleft to the incoming Management Committee to be taken at the first meetingafter the Annual General Meeting.
 
 
6.5 The Management Committee shall be responsible for the efficientmanagement of the Organisation in accordance with policies determined bythe Management Committee and this Constitution.
 
 
6.6 The Management Committee shall have the right to form sub-committeesand to determine the extent of their powers and the manner in which theManagement Committee will oversee the actions of such sub-committees.
 
 
7. CORPORATE PERSONALITY AND LEGAL ACTION
7.1 The Organsiation shall have corporate personality and an identity andexistence distinct from its members or office-bearers.
 
7.2 The Organsiations shall continue to exists notwithstanding changes in thecomposition of its membership or office-bearers.
 
7.3 The Organisation may sue or be sued in its own name.
   
8. PROPERTY
8.1 The Organisation may own property (corporeal or incorporeal) and shallkeep records of all such property.
 
8.2 Members or office-bearers of the Organisation have no rights in the propertyor other assets of the Organisation soley by virtue of their being members oroffice-bearers.
 
 
9. ADMINISTRATIVE PROVISIONS
9.1 All executive powers of the Organisation shall vest in and be exercised bythe Management Committee, which shall be entitled to act on behalf of theOrganisation in pursuance of its objects.
 
 
9.2 Fifty percent (50%) of the Management Committee shall constitute a quorumfor a meeting.
 
9.3 A resolution put to the vote of the Management Committee shall be decidedby a poll. Each member of the Management Committee present orrepresented at such meeting shall be entitled to one (1) vote. In the event ofan equality of votes, the Chairperson shall be entitled to a second or castingvote. A poll shall be taken in such manner as the Chairperson may direct,and the result of the poll shall be deemed to be the Resolution of themeeting.
 
 
 
 
9.4 The Chairperson may, with the consent of a meeting of the ManagementCommittee at which a quorum is present (and shall if so directed by suchmeeting), adjourn the meeting from time to time and from place to place.
 
 
9.5 Each member of the Management Committee shall have the power to nameany other member of the Management Committee to act as her/his alternateduring her/his absence or inability to act as such. The appointment of anyperson other than a member of the Management Committee shall require theprior approval of the Management Committee (whose consent shall not beunreasonably withheld). Upon such appointment being made and approved(if necessary) as aforesaid, the alternate member shall in all respects besubject to the same terms, qualifications and conditions existing withreference to the other members of the Management Committee.
 
 
 
 
 
9.6 A meeting of the Management Committee may be convened at any time atthe request of the Chairperson of the Management Committee, and she/heshall be obliged to convene a meeting at any time upon written requisitionsigned by not less than 4 (four) members of the Management Committee.
 
 
 
9.7 The Management Committee may permit any other person having a specialinterest and concern in the activities of the Organisation, to attend meetingsof the Management Committee, or General Meetings, either personally or byrepresentation, and to attend and speak at such meetings, but not to vote.
 
 
 
10. ANNUAL GENERAL MEETINGS




10.1 An Annual General Meeting of the Organisation shall be held within a period of fifteen (15) months of the adoption of this Constitution, and subsequent Annual General Meetings shall be held as soon as possible, but in any event within three (3) months, after the end of each financial year; subject to the condition that not less than fourteen (14) days prior written notice of any such meeting shall be given to all members entitled as of right to attend the same.
10.2 The business of an Annual General Meeting shall include inter alia :
10.2.1 the presentation and adoption of the Chairperson's Report;
10.2.2 the consideration of the Annual Financial Statements;
10.2.3 the election of members entitled to serve as members of theManagement Committee for the ensuing year; and,
 
10.2.4 such other matters as may be considered appropriate.
11. RESOLUTIONS

11.1At all Annual General Meetings, a Resolution put to the vote of a meeting shall be decided by a poll. A poll shall be taken in such manner as the Chairperson of the meeting may direct, and the result of the poll shall be deemed to be the Resolution of the meeting.

11.2Each Member present at such meeting shall be entitled to ONE (1) vote. In the event of an equality of votes the Chairperson shall be entitled to a second or casting vote.

12.QUORUM

A quorum constituting any Annual General Meeting of the Organisation shall comprise at least fifty percent (50%) of the Organisation’s membership who are actually present in person, and not merely represented, at such meeting.

13.INDEMNITY

13.1Subject to the provisions of any relevant statute, every member of the Management Committee shall be indemnified by the Organisation in respect of all acts done by her/him in good faith on its behalf, and it shall be the duty of the members of the Management Committee out of the funds of the Organisation to pay all costs and expenses which any such person may have incurred or become liable for by reason of any act or deed done by her/ him in her/his capacity as a member of the Management Committee in the discharge of her/his duties on behalf of the Organisation.

13.2 Subject to the provisions of any relevant statute, no member of the Management Committee shall be liable for the acts or omissions of the Organisation or any other member thereof.

14.MINUTES

Minutes of all proceedings of the Management Committee and of all Annual General Meetings of the Organisation shall be kept and maintained.

15.ACCESS TO RECORDS

Any member of the Management Committee shall be entitled to inspect the books of account of the Organisation of the Minutes of the proceedings of the Management Committee or of General Meetings.

16.NOTICES

16.1Notices of meetings of the Management Committee and of Annual General Meetings shall be addressed to all persons entitled thereto, either personally, or by email, fax or registered post, and shall be addressed to the last address notified to the Organisation. The inadvertent omission to address notice/s to any individual member/s shall not invalidate the proceedings of any such meeting.

16.2Members shall be deemed to have received notice as aforesaid five (5) days after the sending of the relevant notice or announcement as aforesaid.

17. BOOKS OF ACCOUNT

17.1The Management Committee shall ensure that the Organisation keeps proper Books of Account which shall be audited by a member of the Society of Accountants and Auditors as soon as possible after the end of the Organisation's financial year which sall be the 28th of February.

17.2It shall furthermore be incumbent upon the Management Committee to cause to be prepared Annual Financial Statements which shall be available for inspection by all members of the Management Committee.

17.3The Director of Nonprofit Organisations must be furnished with a copy of the Organisation’s Books of Account within six months after the financial year end.

18.AMENDMENTS TO CONSTITUTION

No amendment to this Constitution shall be valid unless reduced to writing and signed by the entire Management Committee.

19.NAME AND DISSOLUTION

19.1The terms of this Constitution and/or the name of the Organisation may be amended and the Organisation itself may be dissolved, by decision passed at a duly convened Annual General Meeting, subject to the approval of a majority present at such meeting, which shall include not less than half of the members of the Organisation.

19.2If upon the winding-up or dissolution of the Organisation there remains after satisfaction of all debts and commitments, any property, capital or accrued income whatsoever of the Organisation, this shall not be paid or distributed amongst members of the Organisation, but shall be transferred by donation or otherwise to a similar institution, society or body in the Republic of South Africa, having objects similar to those of the Organisation and as may be considered appropriate by the Management Committee.

Vision & Mission

Quo Vadis?
A precis of where we are and where we’re going

Vision:

Based on facts to hand, fracking does not have a sustainable future in South Africa. We believe that there are ecologically and socially acceptable, sustainable alternatives to the economic and energy challenges facing South Africa. Our long-term view is one of responsible development of South Africa to meet and exceed our promises as a nation to reduce global warming, while creating opportunities for all South Africans and their children. We have faith in the will and ability of South Africans to set an example by progressively freeing our country from the yoke of fossil fuels.

Mission
TKAG will work tirelessly to promote and protect the environmental tenets enshrined in the Constitution of the Republic of South Africa.

We confirm and commit to these values

  • Our financial records are open to inspection by anyone, at anytime.
  • We accept donations only from individuals – no corporate or government sponsorship.
  • Permanent staff (paid) positions in TKAG will, as far as possible, reflect the demographics of our nation.

Into the future:

Media and expertise
TKAG has established an enviable media profile through vigorous debate and a consistent presence in the public discourse surrounding fracking. As a volunteer organization we believe that our knowledge and understanding of the technology of fracking and its interwoven social, environmental and economic implications is current and accurate.

Protection of Rights
Our legal interventions on behalf of various interested and affected parties and on behalf of the millions of South Africans who know nothing of the plans to frack South Africa, have been informed and effective. It was TKAG who scored a victory against misleading and untrue advertising in our media. We maintain this state of legal readiness to be able to respond appropriately to any threat from fracking to the people of this country and their environment.

Should I care whether South Africa is fracked?

This précis is aimed at people who have the privilege of choice:

⁃ a choice to make a financial commitment to standing up against fracking;
⁃ a choice to use their position and influence in society to inspire others to do so.

1. Shale gas mining and fracking (Hydaulic fracturing)

⁃ is banned, under moratorium or restriction in more than 100 places and four countries worldwide
⁃ has only been practiced in its current form in the Unites States for about 12 years
⁃ is enormously water thirsty – 640 million litres to frack the wells on one 'well pad' once is known to have caused pollution of underground water aquifers releases natural gas, a fossil fuel that significantly contributes to climate change has been proven to cause earthquakes
⁃ has many more negative effects above ground, such as air, light, noise and dust pollution: disruption of agricultural activities, damage to the environment allied jobs such as the tourism industry
⁃ is characterised by high input, rapidly depleting wells which means that they consume many resources like diesel and water and that neither the well, nor the short-term work allied to it is sustainable: the jobs don't last
⁃ is limited by the simple and inescapable facts of where the gas lies: it is about 5000 metres under the ground – the only way now – and in the future to release and extract that gas will be through fracking.

2. What Shell and others (don't) want you to know

⁃ shale gas will provide all of our energy needs – this is nonsense: they don't know how much gas there is, and if they can extract it (see this article by our chairman on the Rhodes web site http://bit.ly/x6Bj3Z)
⁃ shale gas is cleaner burning and therefore much better than coal: they don't tell you that all of the emissions of diesel, methane and fugitive gasses during the exploration, drilling, fracking, extraction, flaring, refining and distribution are excluded from their calculations and has scientifically been challenged on its climate impacts (http://bit.ly/pHmfYG)
⁃ shale gas will provide the answer to South Africa's employment problems – not true – jobs in the United States are overstated, for relatively skilled workers and unsustainable; 400 shell wells in Wyoming are supervised by 66 Shell employees (see this report on the false jobs promise http://bit.ly/xts5fn).

3. Who and what is Treasure Karoo Action Group (TKAG)? www.treasurethekaroo.co.za

⁃ stablished in February 2011, TKAG has emerged as the undisputed and effective opposition to fracking in South Africa. This has been achieved with private funds and the daily efforts by an unpaid team
⁃ TKAG is a Non Profit Organisation
⁃ Our legal document prepared by the only attorney in Africa with a specialist focus on oil and gas drilling and international law – Dr Luke Havemann, is known internationally as the Havemann Report. This document is a critical review of the Shell Environmental Management Plan. The second critical review – presently under embargo – is a highly technical document, developed by our legal team and 22 scientists and environmental specialists, which will, if required, be applied as part of our litigation in the event that the minister of mineralsissue any exploration licence for fracking under the current circumstances
⁃ It was TKAG who secured an internationally publicised victory against Shell's adverts – Shell were found to have used false and or misleading advertising in four cases in connection with their statements about fracking
⁃ it was TKAG who stood up to the minister of minerals and secured a court order – with costs – on 9 January 2012, compelling the minister to perform in terms of the rules of court and our ongoing application in respect of the Promotion of Access to Information Act (PAIA) with reference to the mystery task team it is TKAG who is invited by universities and institutions around the world to join conferences and to exclusively represent the opposition to fracking on platforms where Royal Dutch Shell executives appear for the oil industry
⁃ it is TKAG who is invited to address industry seminars to represent the anti-fracking lobby
⁃ it is TKAG who is invited by ETV and SABC to address its prime time television audiences
⁃ it is TKAG that needs YOUR support.

4. This is what you CAN do, and what you MAY do, and what we request you TO do:

⁃ Visit our TKAG website donation facility
⁃ create a recurring monthly payment to us: it is secure
⁃ our bank account is managed exclusively by our accountant who handles all disbursements
⁃ you may request and receive a bank statement of TKAG as often as you like
⁃ make a point of sharing this document with your friends and ask them to do the same: many people standing together to support TKAG will keep us in this fight at a minimal cost to everyone.

Thank you for reading this. We have truth and logic on our side. We have no
financial interest in fracking – one way or the other. Our chairman, Jonathan
Deal (076 838-5150) will welcome the opportunity to address any interest group in any forum to answer more detailed questions.

Please help South Africa to avoid what has happened in the United States.
There are millions of Americans who wish that they had stood up to fracking
before it started.

Banking details: Treasure Karoo Action Group • Standard Bank, Fish Hoek (051001) • 0720728497