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.”
BENDING OVER BACKWARDS, DMRE GIVES KARPOWERSHIPS ANOTHER BREAK
30 September 2021 was supposed to be the commercial close – a date set by the Department of Mineral Resources and Energy (DMRE) – for bidders in the Risk Mitigation Independent Power Producers Procurement Programme (RMI4P).
TOSACO EIA MET WITH PUSHBACK FROM CIVIL SOCIETY, TO PROTECT THE OCEAN AND SMALL-SCALE FISHER LIVELIHOODS
This week, The Green Connection submitted its comments critiquing several aspects of the Environmental Impact Assessment (EIA) process, particularly the lack of procedural fairness, as well as the conclusions reached – notwithstanding information gaps and scientific uncertainty – that should form part Tosaco Energy’s request to undertake various activities in Block 1, off the West Coast.
RECENTLY GRADUATED GREEN CONNECTORS, EQUIPPED FOR THE POLLS AND READY TO WEIGH-IN ON COP26
Following their recent graduation from The Green Connection’s Legacy Champions Programme, these newly empowered Green Connectors say they feel equipped with the necessary advocacy skills to make positive changes in their communities, starting with their vote in the local elections (1 November) and weighing in on the discussions around COP26 (which starts on 31 October) – as part of their efforts to oppose oil and gas developments in the country and offshore.
GREEN CONNECTION’S ‘FUNERAL FOR THE CLIMATE’ (AFRICAN ENERGY WEEK) AND COMMENT ON YESTERDAY’S BUDGET SPEECH
This week (10 November 2021), we joined other environmental defenders in Cape Town to peacefully demonstrate outside the African Energy Week #AEW2021 conference venue demanding an end to fossil fuels and the immediate pivot toward the just transition to a renewable energy future.
CLOSE TO 200 PEOPLE RISE AT CRACK OF DAWN TO PROTEST THE ARRIVAL OF SHELL’S SEISMIC MONSTER, AMAZON WARRIOR
On Sunday morning, (21 November 2021), before the crack of dawn, nearly 200 concerned environmental defenders took to the Waterfront to get a glimpse of Shell’s seismic testing vessel, Amazon Warrior, as it made its way into Cape Town harbour. The vessel travelled down the West coast of Africa, on its way to the Wild Coast, to conduct seismic surveys for an estimated five (5) months.
ENVIRONMENTALISTS DOUBLE-UP ON EFFORTS TO OPPOSE UPCOMING AND FURTHER SEISMIC TESTING IN SOUTH AFRICA’S OCEANS
As the groundswell of opposition against Shell’s upcoming 3D seismic survey off the Transkei builds, the Green Connection – an ecojustice NGO that supports small-scale fishers in advocating for their livelihoods – reacted with astonishment to a press statement issued by the Department of Mineral Resources and Energy (DMRE) on 9 December 2021.