Shell to appeal court ruling blocking offshore drilling

The mineral and petroleum resources department and Shell are to appeal a Western Cape High Court judgment that set aside the government's environmental authorisation for TotalEnergies EP South Africa to drill for oil and gas off the country's southwest coast.

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Last month, the court ruled in favour of The Green Connection and Natural Justice, finding the environmental impact assessment (EIA) failed to fully consider the risks of a major oil spill, socioeconomic impacts on fishing communities and South Africa's climate obligations.

It sent the matter back for a fresh decision, requiring new studies, updated information and proper public participation before exploratory drilling can proceed.

The environmental authorisation for the proposed four-month drilling project was granted to TotalEnergies, but the company intends to transfer the environmental authorisation to Shell.

The department of forestry, fisheries and the environment has chosen to abide by the high court's ruling rather than appeal. But the minister of mineral and petroleum resources, his director general and Shell are now seeking permission to challenge the decision in either the Supreme Court of Appeal or before a full bench of the Western Cape High Court.

The mineral and petroleum resources department and Shell argue that the court misapplied the law, but The Green Connection and Natural Justice maintain the ruling is legally sound and consistent with the Constitution and environmental laws that require precaution, transparency and public participation.

"While this is disappointing, we are hopeful that the high court will uphold its ruling, which was a big win for human rights and climate justice, especially for those who are likely to be most affected," said The Green Connection's legal adviser, Shahil Singh.

"Moreover, without the public having had a meaningful opportunity to interrogate the full, updated oil spill and blowout contingency plans, we do not see how this can be granted."