South Africa’s top court blocks Shell’s offshore oil exploration right

The Constitutional Court ruled that Shell and Impact Africa had not complied with resource governance law, had failed to meaningfully conduct public consultation and had failed to consider the impact on climate change, cultural rights, livelihoods and ecological harm.  The ruling references last year's landmark advisory opinion , which states that countries have a legal duty to prevent and repair damage to the climate system. The South African judges argued climate change "transcends borders" and that states' obligations "must be understood within the broader framework of international law." Already have an account? Log in here → Upgrade to keep reading For 15 years we’ve rigorously reported on the decisions shaping our climate. Upgrading to a paid subscription is how readers like you help keep this work going.  £40/quarter → Or £130/year — best value. The Constitutional Court ruled that Shell and Impact Africa had not complied with resource governance law, had failed to meaningfully conduct public consultation and had failed to consider the impact on climate change, cultural rights, livelihoods and ecological harm.  The ruling references last year's landmark advisory opinion , which states that countries have a legal duty to prevent and repair damage to the climate system. The South African judges argued climate change "transcends borders" and that states' obligations "must be understood within the broader framework of international law." “This case must also be understood against the backdrop of well-documented struggles , marine resources and ways of life in the face of extractive activities that they believe threaten their very existence,” wrote Justice Narandran Kollapen.      Protesters march to the Constitutional Court in 2025 (Photo: Ihsaan Haffejee/GroundUp)The Constitutional Court found that the exploration right had been unlawfully granted . The ruling upholds a 2022 regional court decision against Shell and overturns a 2024 appeal that allowed the company to conduct fresh public consultations under the original exploration right. Today's decision means the right, initially granted in 2014, must be set aside. Celebrating the decision, Sherelee Odyar, oil and gas campaigner at Greenpeace Africa, told Climate Home News that the court confirmed "serious failures" in the awarding of exploration rights to Shell and Impact Africa, which "can not simply be corrected later". The Wild Coast is a biodiversity hotspot which has been conserved over generations . “Our land and sea are central to our livelihoods and our way of life. Over generations we have conserved them, and they have conserved us,” reads the founding statement in the case.  A Shell spokesperson said it noted the ruling, responding that “we are committed to responsible offshore exploration, meaningful stakeholder engagement and environmental stewardship.” The Department of Mineral and Petroleum Resources did not respond to requests for comment at the time of publication. "Renewed strength" for communities The ruling adds to a series of legal challenges brought 2014 under Operation Phakisa, a plan aimed at “unlocking the economic potential of the oceans”.