The South African government has strongly defended its decision to grant environmental authorisation for offshore oil and gas exploration, insisting that many concerns raised by challengers are largely speculative and premature.
The joint appeal entered its second day on Tuesday in the Western Cape High Court, where environmental groups and fishing communities are seeking to overturn the approval granted to TotalEnergies in 2023 for exploration activities in the Deep Western Orange Basin off the West Coast.
Government lawyers told the court there is a clear distinction between granting rights for exploration and any future production. They emphasised that the authorisation is strictly limited to exploration drilling and does not automatically lead to full-scale production, which would require separate approvals and comprehensive environmental assessments.
Addressing potential environmental impacts, the state argued that strict safeguards are already in place. Once drilling is completed, wells are secured, and detailed contingency plans exist to handle incidents such as blowouts or oil spills. The government pointed to South Africa’s track record of approximately 350 offshore wells drilled without any recorded blowouts, suggesting the risks are minimal.
Government representatives further maintained that the concerns highlighted by applicants — including potential harm to coastal ecosystems and communities — were overstated at this early stage.
Applicants, including small-scale fishing cooperatives and environmental organisations, countered that the proposed drilling could severely affect coastal communities that depend entirely on the ocean for their livelihoods, particularly fishermen. They argued that the consultation process was fundamentally flawed and inadequate.
The challengers also questioned the approval in light of South Africa’s stated commitment to a just energy transition and efforts to move away from fossil fuels, describing the granting of oil and gas exploration rights as inconsistent with that direction.
The case, which pits the Department of Mineral and Petroleum Resources and related authorities against the applicants, continues to draw attention as it tests the balance between potential economic benefits — such as discovering new oil reserves to support the country’s petroleum sector — and the protection of marine ecosystems along the West Coast.
Arguments in the Western Cape High Court are expected to conclude with further submissions from both sides. The outcome could have significant implications for South Africa’s offshore energy development and the interpretation of environmental laws governing such projects.
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