“Landmark legal case challenges TotalEnergies’ offshore exploration approval in South Africa”, 21 May 2025

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A legal challenge has been launched in the Western Cape High Court, South Africa, scrutinising the environmental authorisation granted to TotalEnergies EP South Africa Block 567 (Pty) Ltd (Teepsa) for offshore oil and gas exploration activities situated between Cape Town and Cape Agulhas.

Environmental advocacy organisations, the Green Connection and Natural Justice, … have initiated this judicial review, contending that the environmental risks associated with the proposed drilling have not been sufficiently evaluated by the government.

The core of the case, … questions the state's approval process, with the applicants arguing that critical risks, including potential oil spills, the broader ramifications for climate change and the impact on small-scale fishing communities, were overlooked in the environmental impact assessment (EIA).

They assert the final EIA does not meet the standards required by the National Environmental Management Act (NEMA) and the Integrated Coastal Management Act (ICMA).

The applicants have highlighted specific alleged deficiencies, such as an inadequate consideration of the socio-economic consequences for local fishers, …

A key point of contention is the reported lack of inclusion of TotalEnergies’ comprehensive oil spill contingency plan within their submissions, …

… TotalEnergies has reportedly announced its withdrawal from exploration activities in the contested Block 5/6/7.

However, the company has also initiated a joinder application to include Shell as a participant in these legal proceedings.

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The Minister of Forestry, Fisheries and the Environment has defended the decision to grant the environmental authorisation. … , indicating that over 350 offshore wells have been explored in South African waters since the 1940s without significant reported economic losses to fishers resulting from oil spills or blowouts.

He further stressed that under NEMA, Teepsa holds the responsibility for implementing measures to address potential oil spills and is liable for the corresponding remediation costs, implying a legal obligation for comprehensive operational impact assessment.

The applicants, however, contest this perspective, arguing that the government has conflated the assessment requirements for exploration with those for production …