South Africa’s Constitutional Court heard arguments on Tuesday, 16 September, in the Shell Wild Coast Constitutional Court case. Coastal communities and NGOs asked the court to stop Shell from renewing its exploration right without a full, lawful consultation process. Protests against offshore oil and gas exploration accompanied the hearing.
How We Got Here
The dispute dates to 2014, when Impact Africa received permission to conduct a seismic survey off the Wild Coast. This is home to Mpondo communities who rely on the ocean for livelihoods and spiritual practices. This case, involving Shell and the Wild Coast, hinges on decisions made during that time. Shell later acquired a 50% working interest. In 2021, communities and civil society groups went to court. In 2022, the High Court ruled the exploration right unlawful. May 2024, the Supreme Court of Appeal suspended that judgment. It said Shell could seek to renew the right — a move now under challenge.
Communities Say Consultation Must Come First
Community leader Sinegugu Zukulu said they want an environmental authorisation process that forces engagement “before they’ve started.” He stressed Indigenous communities must keep the right to say no to unwanted development. Advocate Tembeka Ngcukaitobi, for Greenpeace Africa, argued the SCA order is “neither just nor equitable” and strips communities of procedural fairness. These positions underpin this significant constitutional case with Shell and the Wild Coast.
Why This Case Matters
Natural Justice said this is the first time the rights of small-scale fishers have reached the Constitutional Court. It marks a significant moment for communities affected by extractive projects nationwide. The outcome could determine whether Shell must file a new exploration application with proper, meaningful consultation. Rather than rely on a renewal process, this underlines the importance of the Shell Wild Coast Constitutional Court case.
What Happens Next
Judgment is expected before year-end. If communities succeed in the Shell Wild Coast Constitutional Court case, Shell would need to reapply for exploration rights. They must consult affected people under South Africa’s environmental and administrative law frameworks.
