South Africa’s Constitutional Court blocks Shell’s exploration rights off the Wild Coast
The Constitutional Court of the Republic of South Africa has blocked Shell and Impact Africa’s right to conduct exploration off the Wild Coast in the Eastern Cape province. The decision was made following a dispute initiated by nine local communities with the support of non-profit organizations, Daily Maverick reports.
Dispute over seismic exploration
Shell planned to conduct a seismic survey across 6,011 square kilometers of the Eastern Cape coastline. The communities argued that consultations with them had not been meaningful and that the planned work could affect their constitutional rights to a healthy environment, culture, and livelihoods.
In 2022, the High Court found that the companies’ consultations with the communities were insufficient and had significant shortcomings. The Supreme Court of Appeal subsequently temporarily suspended that ruling, but the Constitutional Court overturned its verdict. According to the publication, the court also ruled that Shell’s potential financial losses cannot justify limiting constitutional rights.
Other energy court cases
The column’s authors also mentioned proceedings concerning the nuclear deal that Jacob Zuma’s administration promoted in 2013–2016. It envisaged the procurement of 9.6 GW of nuclear capacity at an estimated cost of 1 trillion rand. The National Treasury warned that such spending could harm public finances.
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Earthlife Africa Johannesburg and the Southern African Faith Communities’ Environment Institute challenged the deal in the Western Cape High Court in Cape Town. The court found the National Energy Regulator’s approval procedurally unfair because of the lack of public participation. Regarding the agreement with Russia, the court concluded that then Energy Minister Tina Joemat-Pettersson either failed to properly consider constitutional requirements or deliberately bypassed them.
Energy transition
South Africa has declared a just energy transition from coal, oil, and gas to renewable energy while protecting workers and communities. At the same time, according to the authors, 95% of the country’s coastline has been designated for fossil fuel exploration, parliament is considering a gas bill, and the IRP 2025 electricity development plan provides for the use of gas.
In December 2024, the ruling in the Cancel Coal case confirmed that energy planning must take into account the interests of children and future generations. The government is appealing the ruling. The column’s authors believe that transparency, community participation, and judicial oversight are important components of South Africa’s energy transition.
