The Environmental Authorisation (EA) for offshore drilling in Blocks 5/6/7, of South Africa’s South-West Coast, was set aside by Judge Mangcu-Lockwood, last week.
The case, was brought by The Green Connection and Natural Justice.
The authorisation to drill, was initially granted to TotalEnergies EP South Africa (Teepsa), who planned to transfer environmental authorisation to Shell.
Shell and the State respondents applied for leave to to appeal against this judgment.
Permission to appeal was granted by Judge Mangcu-Lockwood, in relation to two of the five grounds of review – that climate impacts be considered in exploration applications and that transboundary impacts be considered.
The State and Shell were not granted leave to appeal in respect of the remaining review grounds, which means that the environmental authorisation decision remains set aside.
Neville van Rooy, The Green Connection’s Community Outreach Coordinator, said “it is disappointing that the judge did not dismiss the application for leave to appeal entirely. However, we believe that limiting the appeal to just the climate change and transboundary impact issues, the Court has effectively confirmed our key victories on public participation, socio-economic impacts, and coastal law compliance as binding High Court precedent. It’s a strong affirmation that environmental justice and community voices must remain central in decision-making. For coastal communities and small-scale fishers, this ruling reinforces that their voices matter.”
He said it is important to note that the EIA remains unlawful and invalid.
This confirms that the Shell and/or TotalEnergies must redo the environmental impact assessment, and a new environmental authorisation is required before any drilling activity can be reconsidered.
Picture: African Energy Chamber