In August 2025, a South African court revoked the environmental authorization granted to French oil and gas giant TotalEnergies and its joint venture partner Shell to drill offshore exploration wells. Now TotalEnergies faces new legal challenges in South Africa over another proposed project.
On 23 and 24 March, the Western Cape High Court is hearing an appeal application filed by a small-scale fishing co-operative and two environmental justice organisations. They are questioning the validity of the environmental authorization (EA) granted to TotalEnergies in South Africa's deepwater Orange Basin block.
The block is located between Port Nolloth and Hoendeklip Bay on the west coast of South Africa, between 188 and 340 kilometers (117 and 213 mi) from the west coast of South Africa.
“TotalEnergies needs to go back to the drawing board and do the process the right way again,” Walter Steenkamp, chairperson of the Auktowa Fisheries Cooperative, one of the appeal applicants, told Mongabay by phone. Steenkamp said that, in addition to the long-term negative impacts of fossil fuel extraction on the marine environment and climate change, the company failed to consult with small-scale fishermen on how operations would affect them.
In October 2024, the Department of Mineral and Petroleum Resources (DMPR) granted environmental clearance to TotalEnergies for the deepwater Orange Basin project.
This environmental authorization was challenged by three South Africa-based NGOs: Aukotowa Fishing Cooperative, Green Connection and Natural Justice. They argue that decisions taken by the South African government are likely to cause significant harm to the environment, did not take into account any potential harm after the exploration phase and failed to consider the impacts on communities, including fishermen in nearby Port Nolloth.
The claimants also argued that oil and gas operations are contrary to the government's low emissions development strategy, which ensures that the country complies with its obligations under the Paris Agreement.
“The core of the case relates to the failure of decision makers to take into account relevant considerations, particularly the impact of decisions on climate change,” the heads of argument read.
In August 2025, the Western Cape High Court annulled the South African government's previous decision to issue an EA for offshore concession Block 5/6/7. That decision was based on irregularities in the environmental impact assessment, a failure to take into account the impacts of climate change, and a lack of proper public participation.
“Some of the issues we raise are in almost every EIA for offshore projects, but the consultants have refused to amend their assessments. The result is that, in our view, almost all decisions are reviewable on these same grounds, and we have to go to court to challenge the decisions,” Melissa Groenink-Groves, program manager at Natural Justice, told Mongabay.
DMPR and TotalEnergies did not respond to Mongabay's requests for comment by the time of publication.
Banner Image: Fishing boats in the harbor at Port Nolloth, South Africa. by image South African Tourism, via Wikimedia Commons. (CC BY 2.0).