The Constitutional Court dismissed with costs, Shell’s rights to explore for oil and gas, off the coastline of the Wild Coast, based on an exploration right received in 2014. 

Justice Jody Kollapen in a majority judgment backed by seven judges, overturned a previous Supreme Court of Appeal order granting Shell and Impact Africa a lifeline to pursue offshore exploration rights.

The case has been a five-year legal tussle.

The court found that public consultation and participation processes were not extensive enough and that seismic surveys and plans to drill off the Eastern Cape’s Wild Coast, should not proceed.

Judgment was reserved in the case following hearings held on 16 September 2025.

Natural Justice, who have been one of the organisations at the forefront of this case, said prior to the ruling “this judgment will answer an important question for all South Africans – what are our rights when it comes to what happens in our oceans? How will our heritage and cultural rights be recognised? Do we have the right to be consulted before a project goes ahead?”

Picture: Supplied 

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