Court Oversight and the Cautionary Approach Put into Practice
The Western Cape High Court has delivered a significant ruling, overturning the South African government's decision to grant environmental authorisation for offshore oil and gas exploration in Block 5/6/7. This decision comes as a result of a judicial review initiated by civil society organisations The Green Connection and Natural Justice.
The court found that the environmental authorisation, as granted by the Department of Mineral Resources and Energy, failed to comply with the standards set out in the National Environmental Management Act (NEMA) and the Integrated Coastal Management Act (ICMA). The ruling requires Total Energies and Shell, the companies involved in the exploration, to undertake further studies and submit new or amended assessments.
These assessments must include a full analysis of potential socio-economic and climate impacts, a comprehensive evaluation under the ICMA, spill modelling, transboundary risk assessments, and publicly available emergency response plans. The court held that the failure to assess these transboundary risks violated both customary international law and South Africa's own statutory framework.
The ruling also confirmed the need to assess cross-border environmental harm, specifically the potential impact on Namibian waters and shores. This decision ensures that precaution, public participation, and intergenerational equity are not treated as formalities but as substantive legal requirements.
Judge Mangcu-Lockwood's judgment methodically identified numerous deficiencies in the Environmental Impact Assessment (EIA) process. The court's analysis also concerned the role of climate change in environmental decision-making and found that decision-makers must consider the full life-cycle climate consequences of any such project, even at the exploratory stage.
The court's decision positions the judgment within a growing global consensus on transnational environmental responsibility. It delivers a powerful message to affected communities: the law exists to safeguard the oceans, livelihoods, and rights of those whose futures depend on their protection. The judgment is a judicial endorsement of the long-term collective interests of people and the natural environment.
The case serves as a pivotal reference point in the evolving landscape of South African environmental jurisprudence. The organizations demanding the review of the South African Department of Mineral Resources and Energy's August 2025 decision regarding environmental approval for offshore oil and gas exploration in Block 5/6/7 are the Environmental Justice Organisations, Liable People, and the Endangered Wildlife Trust, with legal representation provided by the Centre for Environmental Rights.
The court found that Total Energies had withheld its oil spill and blowout contingency plans from the public until after the authorisation had been granted. The ruling reinforces the jurisprudential trajectory towards a model of environmental governance that centers the rights of communities, the voice of civil society, and the enduring value of ecological integrity. The decision marks a doctrinal shift away from a resource-extraction-first paradigm towards a model of environmental governance that prioritises the protection of the natural environment.
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