Environmental victory: High Court overturns oil drilling approval in Western Cape
Protesters outside the Western Cape High Court
Image: Supplied
The Western Cape High Court has overturned an approval for offshore oil drilling along the Western Cape coast, citing serious flaws in the environmental assessment.
The ruling, handed down by Judge Mangcu-Lockwood on 13 August, comes after legal challenges by The Green Connection and Natural Justice, which argued that the potential impacts of oil spills, climate change, and socio-economic risks on coastal communities along Block 5/6/7 were inadequately considered
The court has now referred the matter back to the Department of Minerals and Petroleum.
In addition to setting aside the environmental authorisation, the court ordered that a fresh decision be made.
Before any approval can be reconsidered, Total must submit new or amended assessments that fully examine the socio-economic impacts of a well blowout on coastal communities, the project’s full lifecycle climate impacts, all factors required under the Integrated Coastal Management Act, potential cross-border impacts on Namibia, and detailed oil spill response plans. The new information must also be subject to public consultation before a decision is taken.
Earlier it was made known that while the authorisation was initially granted to TotalEnergies EP South Africa (Teepsa), Total intends to transfer the environmental authorisation to Shell, which would conduct the drilling.
Shahil Singh, Legal Advisor to The Green Connection, said the court found the Environmental Impact Assessment (EIA) failed to fully examine the consequences of a major oil spill on local and neighbouring coastal communities, ignored coastal protection laws, and omitted critical climate and fairness considerations.
“A critical omission, the Oil Spill and Blowout Contingency Plans were withheld from the public until after approval, denying communities the chance to comment on emergency preparedness. Total and Shell will now need to undertake additional studies, make these plans publicly available, and properly assess both coastal and cross-border risks before any decision is taken. This is a significant win for transparency, precaution, and for the rights of coastal communities and small-scale fishers who refuse to be sidelined in decisions that affect their livelihoods and the future of our oceans,” said Singh.
Environmentalists took the ruling as a victory
Image: Supplied
The Green Connection’s Strategic Lead, Liziwe McDaid, said the case represents an important victory not only for local communities but for all South Africans and even neighbouring countries.
“Our country’s laws demand full, open, and honest assessment, not partial studies, not secrecy, and not ignoring inconvenient truths. For the West Coast’s small-scale fishers, tourism operators, and coastal residents, it means the law is on their side in demanding protection of the ocean they depend on. For the public, it shows that environmental rights, including the right to have the environment protected for present and future generations, have real force in court. And for our neighbours, it means that the transboundary impacts of the project must be assessed.”
Natural Justice’s Defending Rights Programme Manager, Melissa Groenink-Groves, said the judgment strengthens the growing opposition to oil and gas exploration in South Africa.
“This judgment is a victory in the growing opposition to oil and gas exploration in our country. Recently, a number of oil and gas projects have been given Environmental Authorisation, but this judgment again confirms that companies must follow due process, undertake comprehensive assessments and provide communities with an opportunity to have their voices heard, in respect of all relevant information. It confirms that our fight for our environmental rights is strong, and that we must continue for the future for our children.
“Where necessary, we will continue to turn to our courts to not only stop the takers who parade under the guise of growth and development, but to ensure that impacts of oil and gas exploration and production are properly scrutinised and that our people and our resources are not exploited.”
Director at Cullinan & Associates, Lesai Seema, welcomed the outcome.
“We welcome this judgment which builds on the landmark judgments in the litigation to stop Shell conducting seismic surveys off the Wild Coast and aligns South African law with international law. The judgment makes it clear that the granting of an environmental authorisation for offshore oil and gas exploitation will be unlawful if the decision-maker does not carefully consider a range of factors necessary to safeguard the long-term collective interests of people and other living organisms who depend on the coastal and marine environment.”
TotalEnergies E&P South Africa said along with its joint venture partners, they are the process to legally assess the judgement in more detail and decide on the course of action.
tracy-lynn.ruiters@inl.co.za