The applicants argue that approving new fossil fuel projects is contrary to South Africa's commitment to climate change. (Photo provided)
The case, which could set an important precedent for climate justice and community rights in South Africa, was brought to the Western Cape High Court by Aukotwa Fisheries Primary Cooperative, environmental advocacy group Green Connection, and legal group Natural Justice. Ta.
Applicants representing the voices of small-scale fishers and coastal communities are challenging a government decision that could clear the way for oil exploration in the Deep Water Orange Basin (DWOB) off the country's west coast. .
The lawsuit targets recent approvals by the Department of Mineral Resources and Energy (DMRE) and the Department of Forestry, Fisheries and Environment (DFFE) to allow TotalEnergies EP South Africa (TEEPSA) to carry out exploratory drilling in the basin.
The applicants argue that the authorization ignores the socio-economic and environmental impacts on vulnerable communities that depend on the sea for their livelihoods, food security and cultural heritage.
Are communities left out of important decisions?
Environmentalists argue that DMRE and DFFE's decision-making processes are heavily skewed toward economic benefits, such as potential oil and gas revenue, and do not adequately consider the environmental risks of exploration.
The applicants say important factors were overlooked, including the effects of climate change and potential oil spills, both of which could disrupt local ecosystems.
Additionally, concerns have been raised about compliance with decisions to South Africa's Integrated Coastal Management Act, which mandates sustainable management of coastal resources.
“We are seeking a judicial review to ensure a balanced approach that puts community welfare and environmental protection at the forefront,” said Green Connection advocacy director Lisa Makaula.
“At the heart of this case is holding governments accountable for marine ecosystems that are vital to coastal communities. ”
Coastal area tolls
Small-scale fishers say they have borne the brunt of a legacy of marginalization and now face an existential threat 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 Green Connection.
“Opening these waters to oil drilling threatens our very existence and puts the well-being of local communities above corporate profits.”
Natural Justice's Melissa Groenink Groves questioned whether South Africa's energy policy was in the interest of its people or primarily in the interest of multinational corporations.
“South Africa’s coastal communities are already facing increased weather events and prolonged drought due to climate change. The government’s support for oil exploration without consideration for long-term sustainability is particularly This is highly problematic given the urgent need to address climate impacts.”
Government efforts to combat climate change in crisis
The case also highlights South Africa's broader commitment to climate change, which is supported by international bodies such as the Intergovernmental Panel on Climate Change (IPCC), which calls for a halt to new fossil fuel development. .
The country is already investing heavily in extreme weather disaster relief, spending nearly R900 million over the past four years. Applicants argue that further fossil fuel projects will only worsen the climate crisis and increase the likelihood of severe droughts, floods, and other costly environmental disasters.
As debate intensifies over an upstream oil development bill that could accelerate fossil fuel projects, small-scale fisherman Walter Steenkamp has called on South Africans to support a court challenge.
“We are fighting to protect our oceans, not just for ourselves, but for everyone. It is a shared resource and if it is not protected, future generations will suffer the consequences. We are competing to protect our way of life, our planet, and our collective rights.”
The case has garnered national attention as environmental and community groups work to stop practices that prioritize profits over people's rights and the integrity of ecosystems.
Energy industry representatives at Africa Energy Week touted fossil fuels as an economic boon, but the plaintiffs argue that these decisions have failed to address local needs or long-term sustainability, and that Africa's extractive industries It claims to strengthen dependence on
