KWAZULU NATAL – South Africa’s Constitutional Court has ruled in favour of coastal communities and environmental groups, overturning oil and gas exploration rights granted to energy giant Shell more than a decade ago.
The landmark ruling brings to an end a years-long legal battle over Shell’s plans to conduct offshore seismic surveys along the country’s Wild Coast.
The apex court overturned an appeal court ruling that had given the British energy company another opportunity to renew its exploration permit.
It instead upheld a 2022 High Court judgment which found that the exploration authorisation granted by the South African government in 2014 was unlawful.
In a statement, the Constitutional Court said granting any other remedy would allow financial investment to outweigh “grave constitutional violations”.
The court warned that such an outcome would signal that the rights of affected parties are subordinate to commercial interests.
Shell had planned to conduct seismic surveys across more than 6,000 square kilometres of ocean along the Indian Ocean coast, an area known for its pristine beaches and rich marine biodiversity.
Seismic surveys use powerful sound waves directed towards the seabed. The reflected waves are then analysed to create three-dimensional images of geological formations beneath the ocean floor, helping companies identify potential oil and gas deposits.
The ruling represents a significant victory for coastal communities and environmental groups that have opposed the exploration plans on environmental and constitutional grounds.
