In a landmark judgment on Aug. 14, South Africa’s Constitutional Court set aside exploration rights held by oil giant Shell and Impact Africa, a South African oil and gas company. The ruling prevents the companies from exploring for fossil fuels off South Africa’s Wild Coast. The case was brought by Wild Coast communities and environmental organizations after Shell announced plans in 2021 to conduct a 3D seismic survey off the country’s Eastern Cape province coastline. They argued that authorities had failed to meaningfully consult affected communities or consider harms to their spiritual and cultural rights and livelihoods. Authorities also failed to consider the potential harm to marine life and climate change, the plaintiffs argued. In the judgement, Justice Jody Kollapen wrote the majority opinion and said consulting communities isn’t just a procedural requirement, but “a process which affirms human dignity by affording a seat at the table to those whose lives are impacted by decisions.” Acknowledging the “cornerstone role that dispossession played in the apartheid regime,” the court noted that South Africa’s natural resources are highly contested and that the case is embedded in “well-documented struggles by coastal communities to protect their land, marine resources and ways of life in the face of extractive activities.” The judges also considered last year’s International Court of Justice Advisory Opinion on countries’ obligations in the context of climate change: “Decisions must be taken within a framework of heightened diligence, informed by scientific knowledge, international commitments and the foreseeable impacts of emissions on present…This article was originally published on Mongabay
