- Legal challenge targets approval of ultra deep water exploration in Deep Western Orange Basin.
- Civil society groups cite unlawful process and climate risks.
- Coastal communities warn of threats to livelihoods and marine ecosystems.
The Western Cape High Court has concluded hearings in a landmark environmental case challenging the approval granted to TotalEnergies for ultra deep water oil and gas exploration off South Africa’s West Coast, with judgment reserved.
The case centres on the Deep Western Orange Basin, where exploration drilling has been authorised in waters exceeding 2000 m in depth. Applicants including The Green Connection, Natural Justice, and the Aukotowa Primary Fishing Co operative argue that the approval process was unlawful, irrational, and inconsistent with South Africa’s constitutional and environmental obligations.
The applicants have asked the court to review and set aside both the original decision by the Director General of the Department of Mineral and Petroleum Resources and the subsequent dismissal of appeals by the Minister of Forestry, Fisheries, and Environment.
According to Neville van Rooy of The Green Connection, the environmental assessment failed to address the unique risks associated with ultra deep water drilling. He noted that the basin presents unprecedented technical and environmental challenges for South Africa, which were not adequately considered in the Environmental Impact Assessment process.
The dispute follows a sequence of decisions dating back to October 2023, when environmental authorisation was granted for exploration drilling. Appeals lodged by multiple stakeholders were later dismissed, prompting the current legal action.
Outside the court, nearly 100 small scale fishers and coastal community members staged a peaceful demonstration in support of the application. Additional solidarity actions were reported in parts of Eastern Cape and KwaZulu Natal, highlighting broader opposition to offshore oil and gas development.
Community representatives argue that the project poses significant risks to marine ecosystems, food security, and local livelihoods. Walter Steenkamp of the Aukotowa Fisheries Co operative said the state failed to meaningfully assess the socio economic and environmental impacts on vulnerable coastal communities already facing declining fish stocks and climate pressures.
Concerns were also raised about the technical risks associated with drilling at extreme depths. Stakeholders argue that the Environmental Impact Report understates the potential for major incidents and lacks a robust and tested blow out contingency plan suitable for South African conditions.
A central issue in the case is whether the state adequately assessed the full lifecycle impacts of the project. The applicants contend that the exploration phase was considered in isolation, contrary to the requirements of the National Environmental Management Act, which they argue necessitates inclusion of downstream emissions from eventual extraction and combustion.
They further argue that approving new fossil fuel projects is inconsistent with South Africa’s net zero commitments and global climate obligations, particularly amid growing international scrutiny on climate governance.
Legal arguments also focused on the alleged failure to apply the Integrated Coastal Management Act. Melissa Groenink Groves of Natural Justice stated that decision makers overlooked mandatory legal requirements designed to protect coastal public property and ensure intergenerational equity.
The case reflects increasing resistance in South Africa to offshore oil and gas expansion, with critics warning that such developments threaten biodiversity, undermine climate commitments, and place traditional livelihoods at risk.
Community voices from the West Coast echoed these concerns, stressing the economic importance of the fishing sector and the long term risks posed by oil exploration activities. Stakeholders now await the court’s ruling, which is expected to have significant implications for the future of offshore energy development in South Africa.
Author: Bryan Groenendaal
