Mixed reaction after ConCourt blocks Shell’s Wild Coast exploration

There was mixed reaction after the Constitutional Court on Friday set aside the exploration right that allowed Shell and Impact Africa to pursue offshore oil and gas exploration along the pristine Wild Coast, following years of legal challenges by local communities and environmentalists.

The majority decision by the apex court overturned a 2024 judgment by the Supreme Court of Appeal, which had handed a lifeline to Shell and Impact Africa in their quest to conduct seismic surveys off the east coast as part of an exploration right granted in 2014.

The court also set aside the two subsequent renewals of the exploration right, meaning Impact Africa and Shell no longer hold any right to explore for oil and gas off the Wild Coast.

The legal battle began in late 2021, when local communities and environmental organisations brought an interdict against Shell after discovering the company’s plans to conduct seismic surveys under the 2014 exploration right granted by the department of mineral resources and energy.

The communities and civil society organisations secured a high court victory in 2022. Shell, Impact Africa and the government then appealed to the Supreme Court of Appeal, which ruled in their favour in 2024.

The communities and civil society organisations subsequently took the matter to the Constitutional Court, which heard the appeal in September 2025.

Nearly a year later, the court handed down its judgment on Friday, vindicating the arguments of the communities and affirming that their heritage, culture and livelihoods matter in decisions regarding the ocean.

The judgment has been lauded by the applicants, Wild Coast communities and environmental organisations.

Sazise Maxwell Pekayo, an applicant and Kei Mouth fisher, said the oil and gas would probably have already been drilled in these oceans, because even some of their own leaders — “the people we look to in the areas where we live” — were offering oceans to companies, saying that the oil and gas should be drilled.

“But because of the unity between coastal communities and our legal representatives, that did not happen. We say: Amandla! Power to the rights of communities,” Pekayo said.

Siyabonga Ndovela, a Wild Coast fisher, said: “Today’s judgment makes me feel very happy and proud that the ocean is not for profit for mining companies. This tells us we are not alone in this fight.”

Kimal Harvey, an attorney at the Legal Resources Centre, said the judgment confirmed what communities in the Wild Coast and those all over the country had been saying for ages: “No decisions about our land or resources can be made without us.”

Harvey said the judgment held that the interests of multinational corporations should never trump the rights of the people.

But the ruling was criticised by the energy exploration industry.

EnerGeo Alliance, a global trade alliance for the energy geoscience and exploration industry, said the Constitutional Court ruling highlighted the continued legal and regulatory challenges that can delay responsible exploration.

It said the ruling also reinforced the need for clear, timely and workable pathways for responsible exploration.

“This includes implementing the Upstream Petroleum Resources Development Act and ensuring that complex, technical disputes are handled with the appropriate expertise and efficiency, whether through strengthened judicial capacity or specialised mechanisms that can help avoid prolonged uncertainty.”

EnerGeo said what remained unchanged was the importance of exploration.

“South Africa cannot realise the full benefits of domestic energy development if regulatory and judicial processes continue to delay or impede responsible exploration that has undergone robust environmental assessment and public participation processes.”

EnerGeo said seismic surveys are a proven tool that have been used in South Africa for decades and are essential to identifying and developing domestic energy resources.

“Developing these resources could strengthen energy security, help meet growing demand, create high quality jobs, attract investment, and generate significant government revenue.”