South Africa’s Constitutional Court has stopped Shell and its local partner, Impact Africa, from carrying out oil and gas exploration in an area along the country’s Eastern Cape coastline.
The court cancelled the companies’ exploration rights following a legal challenge by local communities and environmental organisations.
The groups opposed Shell’s plan to conduct a 3D seismic survey to search for oil and gas beneath the seabed. They argued that affected communities were not properly consulted before the exploration rights were granted.
They also raised concerns about possible damage to marine life, fishing activities, cultural practices and the environment, as well as the project’s potential contribution to climate change.
In its judgment, the Constitutional Court said consultation with communities must be meaningful and give people whose lives could be affected by development projects a genuine opportunity to participate in decisions.
The court also considered South Africa’s history of land dispossession and the long-standing efforts of coastal communities to protect their livelihoods and access to marine resources.
Climate change was another important consideration. The judges referred to a 2025 advisory opinion by the International Court of Justice, which emphasized the need for countries to consider scientific evidence, climate commitments and the effects of emissions on current and future generations.
The dispute dates back to 2014, when the South African government granted Impact Africa rights to conduct exploration activities in the area. Impact Africa is part of Impact Oil & Gas, which transferred a 50% interest in the exploration rights to Shell in 2021.
The case passed through several courts over the past decade before reaching the Constitutional Court, South Africa’s highest court.
Environmental groups and fishing communities welcomed the ruling, describing it as an important victory for communities whose livelihoods depend on the sea.
Carmen Mannarino of the Masifundise Development Trust said the judgment recognised the rights of fishing communities over potential future financial gains from resource extraction.
Melissa Groenink of Natural Justice said the ruling could also influence other cases involving oil and gas projects, community rights and environmental protection.
Shell had not commented on the judgment at the time of publication.









