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A full bench of the High Court in Cape Town is today hearing a challenge by environmental justice organisations and small-scale fishing communities seeking to overturn the state’s environmental authorisation for deepwater oil and gas exploration by TotalEnergies off South Africa’s West Coast. The case centres on whether the approval process complied with environmental law and meaningfully considered climate and community impacts.

Communities and NGOs say approval fell short

The applicants, among them the Aukotowa Fisheries Cooperative, The Green Connection and Natural Justice, argue that the green light for exploration in the Deep Western Orange Basin did not meet the standards set out in South Africa’s environmental legislation. They contend the decision-making process was procedurally flawed, did not fully evaluate cumulative ecological risks, and failed to ensure adequate participation by those who rely on the ocean for their livelihoods.

At the heart of the legal argument is the claim that the authorisation undermines key environmental governance principles: public participation, the precautionary approach, and the duty to prevent or minimise pollution and ecological degradation. The groups want the court to set the approval aside and send it back for a more rigorous assessment that accounts for climate change, biodiversity, and socio-economic dependence on nearshore fisheries.

Why small-scale fishers are alarmed

On the West Coast, small-scale fishers depend on healthy and predictable marine ecosystems. Communities along the Northern and Western Cape harvest species such as snoek, which migrate seasonally through productive upwelling zones driven by cold, nutrient-rich waters. Fishers fear that industrial activity in deep water—along with the noise, vessel traffic and potential discharges associated with exploration—could disrupt food webs, alter migration patterns and close off traditional fishing grounds through safety exclusion zones.

Community representatives say these risks come atop mounting climate pressures already reshaping the ocean. Marine heatwaves, shifting currents and changing species distributions have made catch patterns more erratic, narrowing the margins for small-scale operations. Against this backdrop, they argue, any additional disturbance—especially if not thoroughly assessed—could tip vulnerable livelihoods into crisis.

Ecological stakes in a changing ocean

The Deep Western Orange Basin lies off a coastline renowned for its biological productivity and endemic species. While exploration wells are sited far offshore, environmental advocates warn that the cascade of impacts from drilling—ranging from underwater noise and light to drilling muds and accidental releases—can travel through the food chain or interact with coastal processes. They highlight threats to marine mammals sensitive to sound, as well as to plankton blooms that underpin fisheries.

Climate considerations also loom large. Opponents say that expanding fossil fuel frontiers is at odds with a decarbonising trajectory, and that authorisations should weigh both local ecological consequences and the broader carbon implications of new oil and gas development. They call for prioritising energy pathways that do not jeopardise marine biodiversity or coastal economies.

Legal questions before the court

The court is expected to scrutinise whether regulators applied environmental law consistently and transparently when granting authorisation. Key questions include whether public consultation reached the small-scale fisher communities most affected; whether cumulative and transboundary impacts were adequately assessed; and whether the decision respected constitutional environmental rights and the principles embedded in national environmental legislation.

A finding that the process was deficient could require a fresh assessment with expanded outreach and more robust analysis of alternatives and mitigation. If the authorisation is upheld, communities say they will continue to push for stronger safeguards and monitoring to reduce risks to fisheries and marine life.

Regional context and cross-border concerns

Fishers along South Africa’s northwest coast point to offshore oil and gas activity in neighbouring Namibia as a cautionary signal. They report disruptions they believe are linked to exploration there and fear similar knock-on effects if drilling intensifies locally. While direct causal links can be complex to prove, their accounts underscore the sensitivity of shared marine systems and the need for coordination across borders when evaluating environmental risks.

“Nothing about us without us”

Beyond the technical details, the dispute lays bare a broader contention: who gets to decide the future of the ocean. Coastal communities argue that choices with profound implications for their food security and culture are being made without their meaningful involvement. They are calling for decision-making that recognises the rights of small-scale fishers, respects customary knowledge and ensures that potential benefits and burdens are fairly distributed.

As the hearing continues, the outcome will reverberate far beyond a single licence. It will signal how South Africa balances energy ambitions with ecological integrity and community livelihoods—at a moment when the ocean, and those who depend on it, are already navigating the turbulence of a warming world.