In a landmark victory for civil society and coastal communities, the Western Cape High Court has set aside the South African government’s decision to grant environmental authorisation for offshore drilling in Block 5/6/7, along the South-West Coast. Judge Mangcu-Lockwood delivered her judgment on Wednesday, 13 August. Following an intense legal challenge by The Green Connection and Natural Justice that exposed serious flaws in how the environmental and social risks were evaluated, 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 (Teepsa), Total intends to transfer the environmental authorisation to Shell, for Shell to conduct the drilling. Shahil Singh, Legal Advisor to The Green Connection, said the court found the Environmental Impact Assessment (EIA) failed to fully examine the consequences of a major oil spill on local and neighbouring coastal communities, ignored coastal protection laws, and omitted critical climate and fairness considerations. “A critical omission, the Oil Spill and Blowout Contingency Plans were withheld from the public until after approval,
denying communities the chance to comment on emergency preparedness. Total and Shell will now need to undertake additional studies, make these plans publicly available, and properly assess both coastal and cross-border risks before any decision is taken. This is a significant win for transparency, precaution, and for the rights of coastal communities and small-scale fishers who refuse to be sidelined in decisions that affect their livelihoods and the future of our oceans,” says Singh.
The Green Connection’s Strategic Lead, Liziwe McDaid says that this case is an important victory for all South Africans and even our neighbours who may be affected because it sends a clear message about what should be expected when a proposed project carries serious environmental and social risks.
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.”
In addition to setting aside the environmental authorisation, the court ordered that a fresh decision be made. Before any approval can be reconsidered, Total must submit new or amended assessments that fully examine the socio-economic impacts of a well blowout on coastal communities, the project’s full lifecycle climate impacts, all factors required under the Integrated Coastal Management Act, potential cross-border impacts on Namibia, and detailed oil spill response plans. The new information must also be subject to public consultation before a decision is taken.
Director at Cullinan & Associates, Lesai Seema says, “We welcome this judgment which builds on the landmark judgments in the litigation to stop Shell conducting seismic surveys off the Wild Coast and aligns South African law with international law. The judgment makes it clear that the granting of an environmental authorisation for offshore oil and gas exploitation will be unlawful if the decision-maker does not carefully consider a range of factors necessary to safeguard the long-term collective interests of people and other living organisms who depend on the coastal and marine environment.
The Cullinan’s team are proud to have represented Natural Justice and The Green Connection and are grateful to our outstanding team of advocates, Matthew Chaskalson SC, Ian Learmonth and Jane Blomkamp.”
ENVIRONMENTAL JUSTICE GROUPS SOUND ALARM OVER MANY RISKS OF WEST COAST OFFSHORE OIL AND GAS PROJECT
Last Friday 10 May 2024, The Green Connection and Natural Justice submitted comments, on the revised Environmental Impact Assessment report (EIA) concerning the offshore oil and gas Exploration Right (ER) for Block 3B/4B. The comments were supported by Masifundise Development Trust.
THE GREEN CONNECTION IN FRANCE, WITH SA SMALL-SCALE FISHERS, SUPPORTING A CRIMINAL CLIMATE CHANGE COMPLAINT AGAINST TOTALENERGIES
This week, The Green Connection and small-scale fishers from South Africa are in Paris France to support French NGOs and climate change victims as they file a criminal complaint against TotalEnergies’ board of directors and shareholders “for their contribution to climate change and its fatal impact on human and non-human lives.”
MASSIVE OPPOSITION GROWS AS SOUTH AFRICA AND FRANCE PROTEST TOTALENERGIES OFFSHORE OIL AND GAS PROJECTS
Paris, France and Johannesburg, South Africa – During the week of TotalEnergies’ Annual General Meeting (AGM) (to be held today 24 May 2024) and Africa Day, protesters in both South Africa and France continue voicing their collective opposition to the multinationals’ ongoing offshore oil and gas projects.
Karpower – Could Cost An Arm And A Leg And Our Oceans And Environment
It is the start of Environment Month and this week – on Tuesday 4 June 2024 – The Green Connection is back in court, this time to ‘force’ the National Energy Regulator of South Africa’s (Nersa) and the Department of Mineral Resources and Energy (DMRE) to supply critical information regarding the Karpowerships deals.
Total’s Decision Should Be Seen As An Opportunity To Re-Evaluate SA’s Energy Strategy And Accelerate The Just Transition
The Green Connection say that they are relieved to hear that TotalEnergies may abandon its offshore production right application to exploit an estimated 1 billion barrels of oil equivalent from the Brulpadda and Luiperd gas fields in Block 11B/12B. This block is located off South Africa’s south coast and is situated between Mossel Bay and Cape St. Francis.
The Green Connection Welcomes Announcement: TotalEnergies To Abandon Blocks 11B/12B And 5/6/7 In South Africa
Cape Town, South Africa – The Green Connection welcomes TotalEnergies’ recent announcement to abandon two of the four blocks it has exploration and production rights to, in South Africa.