This Energy Month, the legal challenge between Aukotowa Fisheries Primary Co-operative, The Green Connection, and Natural Justice (the Applicants), and the government together with TGS Geophysical Company UK Ltd (the Respondents), concerning authorisation for offshore seismic surveys along South Africa’s West Coast and Northern Cape coastline, has entered a critical new phase. The Applicants and Respondents have now filed their Heads of Argument and joint practice note in the Western Cape High Court ahead of hearings scheduled for next month.
According to The Green Connection’s Outreach Ambassador, Neville van Rooy, “This case is not about asking the court to decide whether oil and gas is good or bad in general. The question before the Court is whether government decision-makers had and considered all the relevant information before approving this project. Our case is that they did not. Expert evidence before the Court aims to show that several important issues were not properly considered, particularly the potential impacts on small-scale fishing communities and coastal livelihoods. This includes the cumulative effects of seismic blasting over extended periods, as well as scientific evidence indicating that underwater noise impacts may travel far further than suggested in the environmental reports relied upon by the decision
makers.”
The proposed TGS survey would involve seismic blasting using airguns that release extremely loud sound pulses into the ocean every few seconds for months at a time to map the seabed for possible oil and gas deposits.
“Small-scale fishers and coastal communities depend on access to a healthy ocean for food, income and survival. However, we believe that the approval process failed to adequately consider how exclusion zones created around survey vessels could prevent small-scale fishers from accessing traditional fishing areas for extended periods, placing livelihoods and food security at risk. So, as we can see, if decisions are made without properly considering the social and economic risks, these communities could carry the consequences. This case is fundamentally about accountability and ensuring that government decisions, that come with long-term impacts, are based on all the relevant facts,” says Walter Steenkamp from the Aukotowa Fisheries Primary Co-operative in Port Nolloth Northern Cape.
This case follows earlier successful litigation against Searcher Geodata’s proposed West Coast seismic survey, where the High Court found serious flaws in the decision-making and consultation process underpinning the project approval. In that matter, the court recognised the risks posed to small-scale fishing communities and marine ecosystems and held that important environmental and social impacts had not been adequately considered before authorisation was granted. Similar concerns arise in the TGS case.
“Government decisions that affect the public must be made on a properly informed basis. We are challenging this decision because we feel that key questions were not adequately tested before approval was granted. This includes whether the project would meaningfully contribute to energy security, whether it would genuinely help address future energy supply concerns, and whether the long-term economic and climate risks were properly understood,” adds van Rooy.
The Applicants also argue that government failed in its duty to protect the coastline as a shared public resource held in trust for all South Africans, rather than primarily for private industrial interests. They further argue that decision-makers failed to properly consider South Africa’s climate commitments and the potential conflict between new fossil fuel exploration and the country’s carbon reduction obligations.
“These are not minor issues. South Africans are already experiencing the impacts of climate change through drought, flooding, extreme heat and growing pressure on livelihoods. At the same time, people need energy solutions that are affordable, realistic and capable of meeting demand. If major projects are approved on the promise that they will solve an energy problem or would bolster local economies, good governance requires that all claims be properly scrutinised before any irreversible decisions are made.”
The matter will be heard in the Western Cape High Court on 1 and 2 June 2026.
For More Information
Court proceedings will be live streamed on YouTube on 1 & 2 June 2026, from
10:00am(SAST).
TGS Geophysical Company West Coast Seismic Survey Factsheet.
Court Papers
TGS Court Case
TGS – 12391 Applicants’ Heads of Argument 2026-05-05
Third Respondents Heads of Argument_ Aukotowa_ DDG DMPR
State Respondents HoA
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