CAPE TOWN: In a scathing supplementary affidavit, filed as part of an ongoing legal challenge, civil society organisations – the Aukotowa Fisheries Primary Co-Operative, The Green Connection, and Natural Justice (the Applicants) – argue that there may be serious legal and procedural failings in government’s decision to authorise seismic surveys along South Africa’s West Coast. They argue that such flaws could have dire consequences for marine ecosystems and the livelihoods of small-scale fishers and coastal communities.

“We are of the opinion that the Environmental Authorisation (EA) – granted by the Department of Mineral and Petroleum Resources to TGS Geophysical Company – was seemingly approved without due consideration of critical documents, including the Basic Assessment Report (BAR), specialist studies, an Environmental Management Programme (EMP), and satisfactory public input. Such omissions may amount to a direct violation of the National Environmental Management Act (NEMA) and the Promotion of Administrative Justice Act (PAJA),” says Liziwe McDaid, Strategic Lead at The Green Connection.

The supplementary affidavit – which was submitted on Monday, 12 May 2025 – details how the appeal process may have been riddled with procedural defects, including the absence of required comment from the original decision-maker, undue reliance on the potentially biased Petroleum Agency South Africa (PASA) –arising from its mandate to promote petroleum exploration – and the disregard of mandated independent expert advice. These failings, the Applicants argue, could render both the EA and the Minister’s appeal decision unlawful and irrational.

According to The Green Connection’s Community Outreach Coordinator, Neville van Rooy, “Authorisations granted – without transparency or adherence to legal standards – reflect serious concerns about the state of governance in the country. In a month where South Africa celebrates Africa and focuses on energy, this case underscores our urgent need to embrace a just transition that is guided by good governance and prioritises communities and ecosystems over fossil fuel interests.”

This case comes as South Africa (and the rest of the continent) should be accelerating a shift to clean, equitable energy in line with Africa’s climate commitments. Yet, poor governance and the marginalisation of vulnerable communities in favour of fossil fuel interests betray that vision.

“Instead of upholding their constitutional and legal duties, authorities have made decisions without taking the necessary factors into consideration. We feel that they have ignored the rights of communities who will bear the brunt of the consequences,” says Walter Steenkamp, Chairperson of Aukotowa Fisheries Co-Operative. “Our people have fished these waters for generations. These seismic surveys threaten not only fish stocks but our way of life, our culture, and our survival.”

As the country stands at a crossroads between energy development and environmental protection, civil society continues to demand accountability, pushing for governance that is lawful, inclusive, and climate conscious. “This is about more than a broken process – it’s about broken trust,” says The Green Connection’s Community Outreach Coordinator, Neville van Rooy. “If government agencies cannot follow their own laws, how can we trust them to steward our environment or protect our people?”