A High Court challenge has thrown a spanner in South Africa’s deepwater oil push and raised the stakes for climate law.
Seth Onyango, One Planet Agency
South Africa’s attempt to open a new deepwater oil and gas frontier now hangs in the balance after the Western Cape High Court reserved judgment in a challenge to TotalEnergies’ exploration plans off the West Coast.
The case has become a flashpoint in the country’s effort to balance energy investment with constitutional duties, climate commitments and the rights of coastal communities that depend on fragile marine ecosystems.
The dispute stems from an environmental approval granted in late October for exploration in the Deep Western Orange Basin. Sitting far offshore in waters beyond two thousand metres, the basin marks territory where South Africa has never drilled. Applicants argued that officials relied on an assessment that downplayed the technical and ecological risks.
Their appeal against the approval was dismissed earlier this year, opening the door to the current litigation.
Green Connection, Natural Justice and the Aukotowa Primary Fishing Cooperative told the court that the Environmental Impact Assessment failed to model a realistic blowout or spill scenario. They also said it ignored the broader climate implications of opening a new oil and gas frontier.
Neville van Rooy of The Green Connection said the basin “presents unprecedented technical and environmental challenges for South Africa, which were not adequately considered in the Environmental Impact Assessment process.”
Applicants further argued that officials overlooked the vulnerability of coastal communities reliant on small‑scale fishing. Along the West Coast, cooperatives report declining stocks and mounting climate pressure. They said government treated the risks to livelihoods as a minor inconvenience rather than a threat to food security and economic survival.
Nearly one hundred fishers and community members gathered outside the courthouse in protest, with similar demonstrations in the Eastern Cape and KwaZulu‑Natal.
Walter Steenkamp of the Aukotowa Fisheries Cooperative said the state had failed to assess the socio‑economic and environmental impacts on communities “already facing declining fish stocks and climate pressures.”
The case has drawn attention because it follows a major ruling in June last year, when the High Court set aside approval for drilling in Blocks 5, 6 and 7. In that matter, the court found that regulators ignored coastal protection laws and withheld oil‑spill contingency plans from the public. It also ruled that climate impacts had not been assessed. After that judgment, Shahil Singh of The Green Connection called the decision “a significant win for transparency, precaution, and for the rights of coastal communities.”
This latest case has become a broader test of how South Africa interprets environmental law in an era of rising climate risk and growing investor interest in offshore gas. Some in government view the Deep Western Orange Basin as a potential source of future energy security, while critics see a step backwards as the country pledges to shift toward a lower‑carbon economy.
Although the case concerns a different block, the legal questions remain similar. Judges must decide whether environmental authorities should integrate climate science, transboundary risks and community impacts into assessments for fossil‑fuel projects. They must also consider whether deepwater drilling can be justified in a country constitutionally required to protect the environment for present and future generations.
The court has not indicated when it will deliver its ruling.
OPA News
