The Green Connection and Natural Justice confirm that the Department of Mineral and Petroleum Resources (DMPR) finally provided the record of the decision to grant TEEPSA (TotalEnergies EP South Africa) environmental authorization for exploratory drilling in block 5/6/7. This record, received (2 September 2024), was delivered a week after the court-ordered deadline of 26 August 2024.

The Green Connection’s Advocacy Officer, Lisa Makaula says, “We welcome the fact that the DMPR has finally delivered the record of the decision, even though it arrived seven days late. Transparency is crucial for ensuring good governance and safeguarding public interest. The delay raises serious concerns, as these are critical documents that we hope will help us understand the government’s process for approving TotalEnergies’ environmental authorization to explore for oil and gas on our southwest coast. Nevertheless, our legal team is now reviewing the documents and will provide updates on our options for the way forward.”

Previously, The Green Connection and Natural Justice expressed disappointment after the Minister and the Director-General of Mineral and Petroleum Resources (DMPR) failed to meet the court-ordered deadline to deliver the record of the decision to grant TEEPSA environmental authorisation for exploratory drilling in block 5/6/7, located off the coast between Cape Town and Cape Agulhas. Despite being legally required to provide this record by (Monday) 26 August 2024.

According to The Green Connection’s Priyanka Naidoo, “These documents are critical to our ongoing legal challenge – launched in March 2024 – against the DMR, the Department of Forestry, Fisheries, and the Environment (DFFE) and TotalEnergies EP South Africa (TEEPSA). Reviewing the record of decision is crucial because it provides transparency and accountability in the government’s decision to grant this environmental authorisation for offshore oil and gas exploration. It gives civil society a chance to scrutinise government’s basis for approving potentially harmful activities that could have devastating impacts on marine ecosystems, coastal communities, and small-scale fishers’ livelihoods.”

The eco-justice organisations emphasize that their joint legal challenge is driven by the grave threat offshore oil and gas activities pose to small-scale fishers and coastal communities, who rely on healthy marine ecosystems for their livelihoods. These activities not only risk devastating fish stocks and marine biodiversity but could also jeopardise the very existence of these communities by endangering the coastal environments that sustain them.

“With the court case now launched, the failure to meet the deadline raised serious concerns because, without access to this record, it would be impossible to ensure that the decision was made in accordance with the Constitution and in the best interest of the public and the environment. This contempt of a court order also undermines the legal process and further erodes trust in the government’s commitment to uphold the rule of law,” says Naidoo.

David Mtshali from Natural Justice adds, “The fact that the DMR had to be compelled through a court order to make its record of decisions available, coupled with its delayed delivery, is not a reflection of good, transparent governance. However, now that we have it, we will review, to ensure it has what we need for the legal challenge.”