The Western Cape High Court has overturned the government’s approval of TotalEnergies’ Block 5/6/7 offshore drilling plans, ruling that the environmental impact assessment (EIA) failed to address key risks, legal requirements, and public participation. Reuters reports that the court ordered that TotalEnergies should be allowed to rectify deficiencies identified, including a failure to properly assess the potential socio-economic impacts of any oil spills or consider climate change.
The court has now returned the matter to the Department of Minerals and Petroleum, requiring fresh assessments, additional information, and public participation.
While the authorisation was initially granted to TotalEnergies EP South Africa, it intends to transfer the environmental authorisation to Shell to conduct the drilling.
Shahil Singh, legal advisor to The Green Connection, said the court found the EIA failed to assess the full impact of a major oil spill on local and neighbouring coastal communities, ignored coastal protection laws, and omitted crucial climate and fairness considerations.
“Oil spill and blowout contingency plans were kept from the public until after approval, denying communities a chance to comment.
“The minister must now restart the process, publish the spill response plans for public input, and properly assess both coastal and cross-border risks before any decision is made.
“This is a big win for transparency, precaution, and the rights of coastal communities and small-scale fishers,” Singh said.
Natural Justice, defending rights programme manager, Melissa Groenink-Groves, says: “This judgment is a victory in the growing opposition to oil and gas exploration in our country.
“Recently, a number of oil and gas projects have been given environmental authorisation, but this judgment again confirms that companies must follow due process, undertake comprehensive assessments and provide communities with an opportunity to have their voices heard, in respect of all relevant information.
“It confirms that our fight for our environmental rights is strong, and that we must continue for the future for our children.
“Where necessary, we will continue to turn to our courts to not only stop the takers who parade under the guise of growth and development, but to ensure that impacts of oil and gas exploration and production are properly scrutinised and that our people and our resources are not exploited.”
Government and TotalEnergies are yet to comment.
Read the full judgement here.
