Environmental groups and fishing communities say the proposed project could have devastating consequences for marine ecosystems and coastal livelihoods if an oil spill were to occur.
A South African court is expected to rule on a major legal challenge against TotalEnergies’ proposed deep-water oil and gas exploration project off the country’s west coast, in a case that has drawn strong opposition from environmental activists and fishing communities.
The matter was heard in the Western Cape Division of the High Court, where applicants argued that the approval for the project was unlawful and failed to properly account for the serious environmental risks linked to offshore drilling.
The case was brought by Aukotowa Fisheries Primary Co-operative Limited, environmental justice organisation The Green Connection, and the nonprofit Natural Justice. The applicants are seeking to overturn the environmental authorisation granted for ultra-deep-water drilling in the Deep Western Orange Basin, which is located about 200 kilometres from the coast.
The respondents in the matter are the Director-General of the Department of Mineral and Petroleum Resources, the Minister of Forestry, Fisheries and the Environment, andTotalEnergies EP South Africa (TEEPSA).
Activists and members of fishing communities have warned that a potential oil spill could have catastrophic consequences, not only for marine biodiversity but also for the communities whose livelihoods depend on the ocean. They argue that the approval process failed to give proper weight to long-term environmental risks and the likely impact on coastal livelihoods.
At the centre of the legal challenge is the claim that the environmental authorisation was “fatally flawed, irrational, and inconsistent”with South Africa’s Constitution, the National Environmental Management Act (NEMA), and the country’s broader climate and energy obligations.
The applicants argue that the rights and interests of coastal communities were sidelined in favour of corporate interests. They are asking the court to review and set aside both the Director-General’s decision to grant environmental authorisation and the Minister’s later decisionto dismiss their appeals.
During proceedings on Tuesday, Advocate Chris Loxton, appearing for TEEPSA, rejected the applicants’ arguments. He told the court that the relevant legislation, including NEMA and the National Environmental Management: Integrated Coastal Management Act (ICMA), makes a clear distinction between exploration and production activities.
According to Loxton, TotalEnergies was acting in compliance with both laws.
The case is being closely watched as a key test of how South African courts will balance energy development, environmental protection, and the rights of coastal communities in future offshore projects.
