‘High Court upholds invalidation of Shell’s offshore drilling authorisation in South Africa – grants limited appeal’ 15 November 2025

The High Court has confirmed that the environmental authorisation granted for offshore oil and gas exploration in Block 5/6/7 off South Africa’s south-west coast remains invalid, even as it granted the State and Shell limited leave to appeal… The case, brought by The Green Connection and Natural Justice, centres on the rights of coastal communities whose livelihoods depend on healthy oceans and who face increasing climate risks. In August, the court found major flaws in the assessment of environmental and social impacts, ordering the Department of Minerals and Petroleum to conduct fresh studies, gather new information and reopen public participation. That ruling still stands, as the judge refused leave to appeal on most grounds, including those related to public participation, socio-economic impacts and compliance with coastal protection laws.

Permission to appeal was granted only on whether regulators must consider the full lifecycle climate impacts associated with the potential extraction and burning of fossil fuels, and whether they must assess transboundary risks, such as the effects of a possible oil spill beyond South Africa’s borders. These issues will now be taken to the Supreme Court of Appeal, but the environmental authorisation remains invalid in the meantime, requiring a new assessment process before any drilling can be reconsidered.

..Advocacy Officer Lisa Makaula said the appeal marks a defining moment for environmental and climate justice in South Africa, as it will test whether exploration can legally be separated from production and whether authorities must consider cross-border environmental risks. She said these questions strike at the core of the country’s constitutional obligations to protect people, the environment and future generations. Natural Justice Programme Manager Melissa Groenink-Groves welcomed the continuation of the earlier judgment, describing it as a significant victory for coastal communities. She said oil and gas companies often resist conducting the comprehensive assessments required to understand the harm their projects may cause but expressed confidence that the Supreme Court of Appeal would uphold the protections granted to communities and the marine environment.