On 13 August 2025, the Western Cape High Court issued a landmark judgment in the matter of The Green Connection NPC and Natural Justice v Minister of Forestry, Fisheries and the Environment and Others (Case No. 5676/2024). The Court reviewed and set aside TotalEnergies’ environmental authorisation for offshore exploration drilling off South Africa’s south-west coast.
The ruling underscores the judiciary’s insistence on science-based, transparent, and constitutionally aligned environmental assessments, reshaping the legal landscape for oil, gas, and other high-risk projects.
The Case and Its Context
TotalEnergies, together with Shell and PetroSA as co-venture partners, holds an exploration right over a 10,000 km² offshore area between Cape Town and Cape Agulhas. The Department of Mineral Resources and Energy granted an Environmental Authorisation (EA) in April 2023, later upheld by the Minister of Forestry, Fisheries and the Environment following an internal appeal.
Civil society organisations The Green Connection and Natural Justice challenged the EA by way of review proceedings, arguing the Environmental Impact Assessment (EIA) failed to comply with the National Environmental Management Act (NEMA) and related legislation.
Court’s Findings: Key Failures in the EIA
Failure to Assess Socio-Economic Impacts
The Court found that the EIA inadequately assessed the impacts of a potential blowout or oil spill on small-scale fishers and coastal communities. Risks to livelihoods and food security were dismissed with unsubstantiated assumptions.
Non-Compliance with the Integrated Coastal Management Act (ICMA)
Because the wells fell within South Africa’s Exclusive Economic Zone, designated as “coastal public property”, regulators were obliged to consider ICMA objectives, including intergenerational equity. They failed to do so.
Climate Change Ignored
Critically, the EIA excluded the climate impacts of burning hydrocarbons that might be discovered. The Court ruled these were intrinsic to assessing desirability and must be included in future EIAs.
Transboundary and Procedural Failures
- No assessment of impacts on neighbouring states, such as Namibia.
- Withholding of oil spill contingency plans undermined public participation and rendered the process procedurally unfair.
Why This Judgment Matters
Elevating Socio-Economic Rights
The ruling integrates Section 24 constitutional rights with socio-economic considerations, strengthening protection for vulnerable communities.
Mainstreaming Climate Change in EIAs
The courts are showing an increasing recognition that climate impacts must form part of environmental assessments for fossil fuel projects.
Expanding the Scope of ICMA
The decision strengthens the application of ICMA, requiring regulators to consider the long-term sustainability of coastal ecosystems.
Reinforcing the Precautionary Principle
NEMA’s risk-averse principle was confirmed: regulators must err on the side of caution when uncertainty exists in high-risk projects.
Deepening Public Participation
By ruling against withholding vital documents, the Court raised the standard for meaningful, transparent community engagement.
Implications for Future Projects
- For regulators: Petroleum Agency of South Africa (PASA) and the DFFE must strengthen capacity and oversight.
- For developers: EIAs must be robust, transparent, and include socio-economic, climate, and transboundary impacts.
- For civil society: Litigation has been confirmed as a powerful tool for accountability in environmental governance.
Conclusion
The Green Connection judgment is a turning point for environmental law in South Africa. It makes clear that shortcuts in environmental assessment will not survive judicial scrutiny.
For oil, gas, and other high-impact energy projects, the future must be shaped by constitutional rights, environmental sustainability, and social justice.
At Bishop Fraser Attorneys, we advise clients on navigating complex environmental authorisations, EIAs, and compliance strategies to safeguard investments while upholding community and constitutional obligations.
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