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South Africa's top court blocks Shell's offshore oil exploration
The apex court said the exploration right was unlawful because Shell and Impact Africa failed to properly consult affected communities.
On Friday, South Africa's Constitutional Court blocked Shell and Impact Africa from seismic exploration off the Eastern Cape's Wild Coast, ruling the exploration right granted by the Department of Mineral Resources unlawful and set aside with no renewal opportunity.
Communities and environmental activists successfully challenged the survey since at least 2021, arguing the Department failed to properly consult them; the Makhanda High Court ruled in 2022 the right was granted unlawfully, though the Supreme Court of Appeal previously suspended that order.
In the majority ruling, Justice Jody Kollapen stated that flawed consultation processes cannot be "cured" and would set a dangerous precedent. Justice Owen Rogers and Justice Katharine Savage dissented, arguing the court should not "make light" of the companies' R1.1-billion expenditure.
Activists hailed the victory, noting the judgment affirms that Section 24 of the Constitution—the right to an environment not harmful to health—is enforceable against powerful corporate interests. Lucien Limacher from Natural Justice called the ruling "not a paper promise."
The judgment sets a precedent well beyond South Africa, with Limacher stating it "tells governments and companies alike that meaningful consultation with affected communities is not optional." The ruling establishes a rigorous standard for future industrial projects affecting coastal communities.