Shell and African country push back after court halts offshore drilling plans

September 8, 2025, by Melisa Cavcic

In the aftermath of the Western Cape High Court’s decision to scrap environmental authorization for oil and gas offshore drilling activities, which two energy giants, France’s TotalEnergies and the UK-based Shell, planned to undertake in Block 5/6/7, along South Africa’s southwest coast, Shell and the state have opted to continue the legal battle by challenging the court’s ruling.

The environmental and climate lobby’s legal victory, which was secured with a recent ruling delivered by Judge Mangcu-Lockwood, following an intense legal challenge launched by the Green Connection and Natural Justice to expose flaws in how the environmental and social risks were evaluated, is facing a challenge as civil society braces for the next round in the Block 5/6/7 court case.

The offshore block, which is jointly owned by South Africa’s state oil company PetroSA, TotalEnergies,and Shell, with the French firm acting as the operator, previously secured the go-ahead for drilling operations from the country’s authorities.

TotalEnergies intended to transfer the environmental authorization to Shell, which was planning to conduct the drilling before the judge’s ruling emphasized five major issues, including no proper study of what a disaster would mean for communities, ignoring coastal protection laws, climate change impacts not being properly assessed, no assessment of cross-border harm, and the public being kept in the dark on key emergency plans.

TotalEnergies and Shell’s offshore drilling plans at risk as court throws a spanner in the works

Environment

After the ball returned to the Department of Minerals and Petroleum’s court, requiring fresh assessments, additional information, and public participation, the Department of Forestry, Fisheries, and the Environment has chosen not to appeal, filing a notice to abide.

However, the African country and Shell want to appeal the court’s ruling to set aside the government’s decision to grant environmental authorization for offshore drilling along the southwest coast in Block 5/6/7.

This was confirmed by Shahil Singh, Legal Advisor to The Green Connection, who claims that both the state and Shell have filed applications for leave to appeal, seeking permission to challenge the High Court decision, in either the Supreme Court of Appeal or before a full bench of the High Court.

Singh elaborated: “While this is disappointing, we are hopeful that the High Court will uphold its ruling, which was a big win for human rights and climate justice, especially for those who are likely to be most affected. Moreover, without the public having had a meaningful opportunity to interrogate the full, updated Oil Spill and Blowout Contingency Plans, we do not see how this can be granted.

“Incidentally, not making these plans available to the public until after the environmental approval was granted, violated people’s right to comment on emergency preparedness, and seemed to significantly motivate the court’s decision.”

While the country and Shell argue that the court misapplied the law, The Green Connection and Natural Justice maintain that the ruling is legally sound and consistent with the constitution and environmental laws requiring precaution, transparency, and public participation.

As a result, the High Court needs to decide whether to grant leave to appeal. If this is refused, the UK-based energy giant and the African state may petition higher courts. In the meantime, the judgment made on August 13 remains binding. The Green Connection and Natural Justice will oppose the applications to challenge the recent High Court ruling.

“From a legal standpoint, precaution and transparency must prevail, to guarantee justice for the coastal communities and small-scale fishers who refuse to be sidelined indecisions that affect their livelihoods and the future of our oceans,” added Singh.