Johannesburg – The Constitutional Court on Tuesday heard arguments in a historic case that could set the tone for future battles between corporate energy interests and environmental and community rights.
Communities vs Shell: the fight for the ocean
The case, brought by environmental groups and fishing communities, challenges Shell’s plans to conduct seismic surveys off the Wild Coast, a stretch of ocean famed for its pristine beaches, rich marine biodiversity, and cultural significance to coastal livelihoods.
At the centre of the dispute is whether Shell should be allowed to map more than 6,000 square kilometres of seabed using high-decibel sonic waves. While the energy giant insists the process is safe and that mitigation measures are in place, communities and activists argue the practice endangers whales, fish, and other marine life – directly threatening their livelihoods.
In 2022, a lower court declared unlawful the original exploration rights granted to Shell in 2014, a ruling celebrated as a major victory for civil society. However, an appeals court later revived the company’s hopes of renewing its permit, setting the stage for this week’s Constitutional Court showdown.
“This is about the dignity of communities,” said Carmen Mannarino, programme manager at fisher-rights group Masifundise. “The fundamental question is: are rights of communities more, or less, important than the rights of companies?”
Voices from the coast
Outside the court in Johannesburg, around 200 demonstrators rallied in support of the fishing communities. Among them was 48-year-old fisherman Ntsindiso Nongcavu from Port St Johns, who has relied on the ocean since the age of eight.
“We are fishermen, we depend on the ocean to get our livelihood,” he said. “If we allow a company like Shell to do seismic surveys on our coast, the species that we depend on will migrate or die.”
For others, the case represents a fight for generations to come. “Even for our unborn children – they will survive by the ocean,” said Maxwell Pekayo, 39, a fisherman from Kei Mouth.
A ruling with wide implications
The Constitutional Court’s decision will not only determine the fate of Shell’s Wild Coast exploration plans but could also set a precedent for how South Africa balances economic development with environmental justice and the rights of vulnerable communities.
