The Western Cape High Court has set aside the decision to grant environmental authorization for offshore drilling in Block 5/6/7, along the South-West Coast, to TotalEnergies South Africa (Teepsa).
This follows legal action by The Green Connection and Natural Justice, challenging the flaws in environmental and social risks during the evaluation process.
The court has ordered fresh assessments, with additional information, and public participation.
Total intends to transfer the environmental authorization to Shell, for the oil giant to drill.
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.
Director at Cullinan & Associates, Lesai Seema said, “we welcome this judgment, which builds on others, in the litigation, to stop Shell from 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 authorization 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.”
Picture: Sciencing