- The High Court has confirmed that the environmental authorisation granted for offshore oil and gas exploration in Block 5/6/7 off South Africa’s south-west coast remains invalid, even as it granted the State and Shell limited leave to appeal.
- The outcomes raises serious question over the competency of South Africa’s Minister of Minerals and Petroleum
- Judge Mangcu-Lockwood delivered the ruling on 12 November, allowing the parties to challenge only two aspects of her August judgment, which set aside the authorisation originally issued to TotalEnergies EP South Africa (Teepsa).
- Total intends to transfer the authorisation to Shell for the planned offshore drilling.
The case, brought by The Green Connection and Natural Justice, centres on the rights of coastal communities whose livelihoods depend on healthy oceans and who face increasing climate risks. In August, the court found major flaws in the assessment of environmental and social impacts, ordering the Department of Minerals and Petroleum to conduct fresh studies, gather new information and reopen public participation. That ruling still stands, as the judge refused leave to appeal on most grounds, including those related to public participation, socio-economic impacts and compliance with coastal protection laws.
Locality of block 5/6/7 and the area of interest for proposed exploration drilling by TotalEnergies off the south-west coast. Image credit: SLR
Permission to appeal was granted only on whether regulators must consider the full lifecycle climate impacts associated with the potential extraction and burning of fossil fuels, and whether they must assess transboundary risks, such as the effects of a possible oil spill beyond South Africa’s borders. These issues will now be taken to the Supreme Court of Appeal, but the environmental authorisation remains invalid in the meantime, requiring a new assessment process before any drilling can be reconsidered.
Related news: Constitutional court dismisses Shell’s and Mantashe’s appeal to conduct seismic surveys off South Africa’s Wild Coast
Neville van Rooy, Community Outreach Coordinator for The Green Connection, said it was disappointing that the application for leave to appeal was not dismissed outright, but described the limited scope of the appeal as a confirmation of key gains made by communities. He said the ruling reinforces that environmental justice and meaningful public participation must remain central to decision-making, adding that small-scale fishers should take the outcome as recognition of their constitutional rights.
Advocacy Officer Lisa Makaula said the appeal marks a defining moment for environmental and climate justice in South Africa, as it will test whether exploration can legally be separated from production and whether authorities must consider cross-border environmental risks. She said these questions strike at the core of the country’s constitutional obligations to protect people, the environment and future generations.
Natural Justice Programme Manager Melissa Groenink-Groves welcomed the continuation of the earlier judgment, describing it as a significant victory for coastal communities. She said oil and gas companies often resist conducting the comprehensive assessments required to understand the harm their projects may cause, but expressed confidence that the Supreme Court of Appeal would uphold the protections granted to communities and the marine environment.
For now, the High Court’s ruling stands as a strong reminder that environmental governance and meaningful public participation cannot be sidelined in the drive to expand offshore oil and gas development.
Author: Bryan Groenendaal
