The applicants contend that the approval of new fossil fuel projects flies in the face of South Africa’s climate commitments. (Photo supplied)
In a case that could set a critical precedent for climate justice and community rights in South Africa, Aukotowa Fisheries Primary Co-Operative, environmental advocacy group The Green Connection, and legal organisation Natural Justice have brought a lawsuit in the Western Cape High Court.
The applicants, representing the voices of small-scale fishers and coastal communities, are challenging a government decision that could pave the way for oil exploration in the Deep-Water Orange Basin (DWOB) off the country’s west coast.
The case targets the recent approval by the Department of Mineral Resources and Energy (DMRE) and the Department of Forestry, Fisheries, and the Environment (DFFE) that allows TotalEnergies EP South Africa (TEEPSA) to conduct exploratory drilling in the basin.
The applicants argue that this authorisation disregards the socioeconomic and environmental impacts on vulnerable communities who depend on the ocean for their livelihoods, food security, and cultural heritage.
Communities left out of critical decision-making?
Environmentalists argue that the DMRE and DFFE’s decision-making process leaned heavily toward economic interests, including potential oil and gas revenues, while failing to fully consider the environmental risks of exploration.
According to the applicants, key factors such as climate change impacts and potential oil spills — both of which could devastate local ecosystems — were overlooked.
Additionally, concerns have been raised over the compliance of the decision with South Africa’s Integrated Coastal Management Act, which mandates the sustainable management of coastal resources.
“We are calling for a judicial review to ensure a balanced approach that places community welfare and environmental protection at the forefront,” said Lisa Makaula, advocacy officer at The Green Connection.
“At its core, this case is about holding the government accountable for the marine ecosystems that are crucial for coastal communities. Exploration activities introduce harmful pollutants that threaten breeding grounds and marine food chains, which are the lifeblood of these communities.”
Toll on coastal communities
Small-scale fishers argue that they are bearing the brunt of a legacy of marginalisation and now face existential threats from offshore oil projects.
“For many indigenous South Africans, the ocean is a source of life and livelihood,” said Neville van Rooy, community outreach coordinator at The Green Connection.
“Opening up these waters to oil drilling threatens our very existence, putting community welfare behind corporate profit.”
Melissa Groenink-Groves of Natural Justice questioned whether South Africa’s energy policy serves its people or primarily benefits multinational corporations.
“South Africa’s coastal communities are already facing intensified weather events and prolonged droughts due to climate change. The government’s backing of oil exploration without considering long-term sustainability is highly troubling, especially given the urgent need to address climate impacts.”
Government climate commitments at stake
The case also highlights South Africa’s broader climate commitments, as endorsed by international bodies like the Intergovernmental Panel on Climate Change (IPCC), which has urged a halt to new fossil fuel developments.
The country has already invested heavily in disaster relief due to extreme weather, spending nearly R900 million over the past four years. Further fossil fuel projects, the applicants argue, only exacerbate the climate crisis, increasing the likelihood of severe droughts, floods, and other costly environmental disasters.
As debate intensifies over the Upstream Petroleum Development Bill, which could accelerate fossil fuel projects, small-scale fisher Walter Steenkamp has called on South Africans to support the court challenge.
“We’re fighting to preserve the ocean not only for ourselves but for everyone. This is a shared resource, and if it’s not protected, future generations will suffer the consequences. We’re in a race to safeguard our way of life, our planet, and our collective rights.”
The case has attracted national attention as environmental and community groups work to halt what they see as the prioritisation of profit over people’s rights and ecological integrity.
While energy industry representatives at Africa Energy Week touted fossil fuels as an economic boon, the plaintiffs argue that these decisions reinforce Africa’s dependency on extractive industries without addressing local needs or long-term sustainability.