The Green Connection and Natural Justice Win Legal Battle Against Offshore Drilling in South Africa
As oil and gas exploration off South Africa’s coast continues to garner attention, the offshore drilling activities planned by two energy giants, France’s TotalEnergies and the UK-based Shell, have hit a snag. The Western Cape High Court has set aside the South African government’s decision to grant environmental authorization for offshore drilling in Block 5/6/7 along the southwest coast.
A ruling delivered by Judge Mangcu-Lockwood, following a legal challenge by the Green Connection and Natural Justice, highlighted flaws in the evaluation of environmental and social risks. The court mandated fresh assessments, additional information, and public participation before any drilling activities can proceed.
Key Issues Addressed in the Ruling
TotalEnergies EP South Africa (Teepsa), a subsidiary of TotalEnergies, had initially received approval for drilling operations in Block 5/6/7. The plan was to transfer the environmental authorization to Shell, who intended to conduct the drilling. However, concerns raised by environmental and climate activists led to the legal challenge.
The court identified five major issues with the process, including the lack of proper studies on disaster impacts, ignorance of coastal protection laws, inadequate assessment of climate change impacts, failure to consider cross-border harm, and lack of transparency in emergency plans.
Shahil Singh, Legal Advisor to the Green Connection, emphasized the importance of transparency and community involvement in decisions that impact livelihoods and ocean health. The court ruling highlighted the need for comprehensive assessments and public scrutiny of oil and gas exploration projects.
Implications of the Court Ruling
The court emphasized the need for a cautious approach in assessing environmental risks, especially in coastal areas where small-scale fishers and communities depend on marine resources. It underscored the importance of considering climate change impacts and transboundary effects in environmental assessments.
Melissa Groenink-Groves of Natural Justice praised the judgment as a victory for environmental rights and community voices. The ruling signifies a push for responsible decision-making and comprehensive assessments in the oil and gas industry.
Environmental groups highlighted concerns about spill modeling and the potential impacts on neighboring countries like Namibia. The court stressed the importance of public access to oil spill and blowout contingency plans to ensure proper response to environmental disasters.
Next Steps and Public Consultation
The court set aside the environmental authorization and called for new or amended assessments to address socio-economic impacts, climate considerations, coastal management requirements, transboundary effects, and detailed response plans. TotalEnergies and Shell must engage in public consultation before any decision is made.
Liziwe McDaid of the Green Connection emphasized the importance of upholding environmental rights and protecting coastal ecosystems. The ruling sends a clear message about the need for thorough assessments and community engagement in projects with significant environmental risks.
Lesai Seema, Director at Cullinan & Associates, welcomed the judgment as a step towards aligning South African law with international standards. The ruling reinforces the importance of safeguarding the long-term interests of coastal communities and marine ecosystems in offshore drilling decisions.
In conclusion, the court ruling represents a significant win for environmental advocacy and community empowerment in South Africa. It sets a precedent for transparent and inclusive decision-making processes in the oil and gas sector, emphasizing the protection of marine environments and the rights of coastal communities.