South Africa’s top court blocks Shell’s offshore oil exploration right

After a five-year long legal battle, the Constitutional Court of South Africa has blocked Shell and local partner Impact Africa’s permit to explore for oil and gas off the country’s East Coast, in a landmark victory for local communities and civil society.

“Today’s judgment makes me feel very happy and proud that the ocean is not for profit for mining companies,” said East Coast resident and environmental campaigner Siyabonga Ndovela. 

The verdict culminates a years-long process in which non-profits Sustaining the Wild Coast, Natural Justice, Greenpeace Africa, and others took legal action against Shell, Impact Africa and the South African government for failing to consult affected communities – a legal requirement in the country.

The Constitutional Court ruled that Shell and Impact Africa had not complied with resource governance law, had failed to meaningfully conduct public consultation and had failed to consider the impact on climate change, cultural rights, livelihoods and ecological harm. 

After a five-year long legal battle, the Constitutional Court of South Africa has blocked Shell and local partner Impact Africa’s permit to explore for oil and gas off the country’s East Coast, in a landmark victory for local communities and civil society.

“Today’s judgment makes me feel very happy and proud that the ocean is not for profit for mining companies,” said East Coast resident and environmental campaigner Siyabonga Ndovela. 

The verdict culminates a years-long process in which non-profits Sustaining the Wild Coast, Natural Justice, Greenpeace Africa, and others took legal action against Shell, Impact Africa and the South African government for failing to consult affected communities – a legal requirement in the country.

The Constitutional Court ruled that Shell and Impact Africa had not complied with resource governance law, had failed to meaningfully conduct public consultation and had failed to consider the impact on climate change, cultural rights, livelihoods and ecological harm. 

The ruling references last year’s landmark advisory opinion by the International Court of Justice, which states that countries have a legal duty to prevent and repair damage to the climate system. The South African judges argued climate change “transcends borders” and that states’ obligations “must be understood within the broader framework of international law.”

“This case must also be understood against the backdrop of well-documented struggles by coastal communities to protect their land, marine resources and ways of life in the face of extractive activities that they believe threaten their very existence,” wrote Justice Narandran Kollapen.     

The Constitutional Court found that the exploration right had been unlawfully granted by the Department of Mineral and Petroleum Resources.The ruling upholds a 2022 regional court decision against Shell and overturns a 2024 appeal that allowed the company to conduct fresh public consultations under the original exploration right. Today’s decision means the right, initially granted in 2014, must be set aside.

Celebrating the decision, Sherelee Odyar, oil and gas campaigner at Greenpeace Africa, told Climate Home News that the court confirmed “serious failures” in the awarding of exploration rights to Shell and Impact Africa, which “can not simply be corrected later”.

The Wild Coast is a biodiversity hotspot which has been conserved over generations by coastal communities who rely on the ocean and land. “Our land and sea are central to our livelihoods and our way of life. Over generations we have conserved them, and they have conserved us,” reads the founding statement in the case. 

A Shell spokesperson said it noted the ruling, responding that “we are committed to responsible offshore exploration, meaningful stakeholder engagement and environmental stewardship.”

The Department of Mineral and Petroleum Resources did not respond to requests for comment at the time of publication.

“Renewed strength” for communities

The ruling adds to a series of legal challenges brought by civil society groups against oil companies and the government as South Africa has expanded oil and gas development since 2014 under Operation Phakisa, a plan aimed at “unlocking the economic potential of the oceans”.

On the West Coast, Walter Steenkamp, Chair of Aukotowa Fisheries Cooperative, which is involved in a separate ongoing legal action against TotalEnergies, said that “today’s court case gave me renewed strength.”

The case could also set a precedent for future oil developments, said Alessandro Mazzi, legal governance researcher at the University of Wageningen. He added that the verdict “sends a strong signal to investors that where projects affect people’s land, livelihoods and environment, meaningful consultation and genuine ecological assessment are an integral part of responsible investment”.

Janet Solomon, coordinator of advocacy group Oceans not Oil, said that the Court’s emphasis on democratic participation, culture, livelihoods and the health of future generations in handing down the verdict signals a shift in jurisprudence on environmental governance, saying that this focus “may prove to be the judgment’s most enduring legacy.”