Constitutional Court Blocks Shell’s Wild Coast Offshore Exploration Plans
Constitutional Court Blocks Shell’s Wild Coast Offshore Exploration Plans. South Africa’s Constitutional Court has blocked offshore exploration led by Shell along the Wild Coast, overturning a 2024 Supreme Court of Appeal judgment that had allowed the company and Impact Africa to pursue seismic surveys in the area.
The ruling follows years of legal challenges from local communities and environmental organisations over the exploration plans. The case centred on an exploration right granted in 2014 and the process followed in allowing the proposed seismic surveys.
“The order of the Supreme Court of Appeal is set aside,” Justice Jody Kollapen said in delivering the court’s decision.
The Constitutional Court’s ruling represents the latest legal setback for offshore oil and gas exploration in South Africa. The series of legal challenges has also contributed to delays affecting exploration activities along the country’s coastline.
Communities and environmental groups opposing the exploration plans argued that there had not been sufficient public consultation before the exploration activities were authorised.
Delme Cupido, director at Natural Justice, one of the applicants in the case, said the judgment reinforced the importance of meaningful public participation in decisions affecting communities.
“The court affirmed that the right to public participation is not just about following a procedure and ticking boxes, but rather that it is about placing the dignity of our people at the centre of developmental decisions that will affect them,” Cupido said.
Shell said it had noted the Constitutional Court’s ruling. The company said it remained committed to responsible offshore exploration, meaningful stakeholder engagement and environmental stewardship.
The company is also seeking exploration opportunities elsewhere along South Africa’s coastline, including the Orange Basin on the west coast.
The latest judgment comes as South Africa continues to navigate competing interests surrounding offshore resource exploration, including potential economic opportunities and concerns about environmental impacts and community participation.
The Constitutional Court decision specifically overturned the Supreme Court of Appeal’s 2024 judgment, which had provided Shell and Impact Africa with a legal pathway to proceed with the seismic surveys linked to their exploration activities.
The Department of Mineral and Petroleum Resources had not immediately responded to a request for comment on the judgment.
The ruling means Shell and Impact Africa cannot rely on the Supreme Court of Appeal decision that previously supported their exploration plans along the Wild Coast.
