Small-scale fishers and coastal communities from South Africa’s Northern and Western Cape regions have joined civil society organisations in a landmark legal challenge against offshore oil and gas exploration. The case, brought by The Green Connection and Natural Justice, is being heard at the Western Cape High Court this week and targets the environmental authorisation granted to TotalEnergies in 2023 for drilling operations in Block 5/6/7 — a marine area vital to local livelihoods.
The applicants are seeking a judicial review of the authorisation, arguing that it poses a severe threat to marine ecosystems and the fishing-based way of life of many coastal families. They also oppose an attempt by Shell to join the legal proceedings, claiming the company lacks the legal standing, as it was not part of the original environmental application and the exploration rights may have expired.
“This is more than just a court case,” said Walter Steenkamp, a small-scale fisher from the Northern Cape. “It’s about defending our culture, our identity, and the ocean that feeds our families. We’ve been left out of decisions that threaten our survival.”
According to the legal representatives from Cullinan & Associates Inc., the government’s decision to approve offshore exploration failed to properly assess environmental risks, lacked a clear oil spill contingency plan, and ignored the concerns of communities who could be most affected by a potential disaster.
The Green Connection’s Strategic Lead, Liziwe McDaid, emphasized the timing of the court proceedings during Africa Month, noting the broader theme of justice and reparation. “Granting this authorisation without robust protections undermines both environmental and democratic governance,” she said.
Fisher Deborah Mcquin from the Western Cape warned of irreversible harm: “You can’t compensate us for a destroyed ocean or lost heritage. Prevention is essential.”
Natural Justice’s Melissa Groenink-Groves echoed the criticism of Shell’s involvement, stating the exploration right expired in 2021 after the maximum allowed renewals. She added that attempts to reassert these rights appear legally unsound and procedurally flawed.
The legal action stems from a March 2024 application for judicial review following the Minister of Forestry, Fisheries and the Environment’s dismissal of a prior appeal. TotalEnergies filed a motion in April 2025 to include Shell in the case, prompting further legal contention.
Outside the court, dozens of fishers and community members gathered in solidarity, with parallel demonstrations taking place nationwide. Emelin Mitchell, another fisher from the Western Cape, summed up the growing frustration: “They call it development. But how is it development if it destroys our livelihoods and future?”
The High Court has reserved judgment on the matter.