As court hearings unfold this week at the Western Cape High Court, small fishermen and coastal communities in the Northern and Western Cape are uniting with civil society organisations to integrate green connections and natural justice (applicants) to resist the exploration of oil and gas on Block 5/6/7. Through legal challenges, applicants are seeking a judicial review of the Environmental Accreditation (EA) granted to total offshore drilling activities in 2023. They are also vehemently opposed Shell’s bids to take part in the lawsuit, raising more urgent warnings than governance obstacles and environmental risks. The organization is represented by the environmental law firm Cullinan & Associates Inc.
“This isn’t just a legal battle,” says small-scale Fisher Walter Steenkamp (Northern Cape). It is our tradition, and if our knowledge of the ocean loses our blood, it is in our blood.
Historically confiscated and marginalized coastal communities in South Africa are seeking a decision-making process that will not exacerbate historical inequality by ignoring those whose future is at most at risk. The community says it’s time to challenge decisions that threaten their livelihoods and deepen environmental injustice.
Liziwe McDaid, strategic lead at Green Connection, says “it’s very relevant to launch these court proceedings just as the African Month begins, especially seeking “justice for Africans through reparations.” In our view, this undermines the principles of sound, comprehensive governance.
Another small fisherman, Deborah McInn (Western Cape), said, “We are trying to stop the disaster before we need compensation. When damages occur, it is difficult or impossible to compensate for the destroyed sea and the path of life.
According to McDaid, there is no legal basis for Shell to join the lawsuit. This challenges the government’s full outcome approval (Teepsa) proposed offshore drilling activities. “The Shell was not part of the original EA application, nor did it have a legal transfer of approval to Dutch multinational companies. In fact, our calculations show that the right to exploration has already expired.
Melissa Groenink-Groves of Natural Justice Program Manager further explains that Shell’s supposed interest in the issue is premature and procedurally flawed. She said, “The total (or shell) requires both exploration rights and environmental approval to carry out exploration drilling. South African law only allows three renewals of exploration rights – each in effect for two years, and that limit reached in 2021.
Environmental approval was granted in 2023, and following an appeal to the Minister of Forest, Fisheries and the Environment, Green Connection and Natural Justice began its application for judicial review at the Western Cape High Court in March 2024. This was to challenge the decisions of the Director-General and the Minister. This April (2025), the total has filed a “Joinder Application” and requires Shell to be included as a party to the legal proceedings relating to block 5/6/7.
“The Environmental Authorization (EA) was granted without adequately assessing the catastrophic impact of oil spills on small fishermen without taking into account climate change, and without creating a contingency plan for oil spills as part of the environmental impact assessment process. Oil Agency as decision makers.
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The applicant argues that government approval for the EA failed to assess the climate, ecological and socioeconomic risks of offshore oil and gas activities, particularly for marginalized fishermen who rely on marine health for survival. Dozens of small fishermen and members of the coastal community traveled to Cape High Court from the Northern and Western Cape to hear their voices, while others were in solidarity and took action nationwide.
“They ignore our voices and call it development. But if it destroys our livelihoods, how does it develop? The oil spill doesn’t care about the border. With blow-off, fish stock, tourism, everything can be wiped out.
The judgment is reserved in question.
