High court rules against TotalEnergies oil exploration plans

The Western Cape High Court has overturned the government’s approval of TotalEnergies’ Block 5/6/7 offshore drilling plans - a move environmental groups have welcomed.

The court ruled that the environmental impact assessment (EIA) was deeply flawed, failing to address key risks, legal requirements, and public participation.

The court said TotalEnergies should be allowed to reapply for the environmental authorization and conduct public participation in the process. 

The court found the EIA failed to assess the full impact of a major oil spill on local and neighbouring coastal communities, ignored coastal protection laws, and omitted crucial climate and fairness considerations, said Shahil Singh, Legal Advisor to The Green Connection.

“Oil spill and blowout contingency plans were kept from the public until after approval, denying communities a chance to comment. The Minister must now restart the process, publish the spill response plans for public input, and properly assess both coastal and cross-border risks before any decision is made. This is a big win for transparency, precaution, and the rights of coastal communities and small-scale fishers,” Singh said.

Natural Justice, Defending Rights Programme Manager, Melissa Groenink-Groves said, “This judgment is a victory in the growing opposition to oil and gas exploration in our country. Recently, a number of oil and gas projects have been given Environmental Authorisation, but this judgment again confirms that companies must follow due process, undertake comprehensive assessments and provide communities with an opportunity to have their voices heard, in respect of all relevant information.”

TotalEnergies E&P South Africa said it acknowledges the decision of the High Court of South Africa to set aside the Environmental Authorisation granted in April 2023 for further exploration in offshore Block 5/6/7 and to remit the matter to the decision-maker for reconsideration following requested additions.  

 It said although the company announced its exit from this block in July 2024, it remained fully committed to respecting the judicial process to its term and to engaging continuously with all its stakeholders. 

 From the outset of the exploration project, Block 5/6/7 joint venture complied with all required local regulations, in particular environmental and social.  

 TotalEnergies E&P South Africa, along with its joint venture partners, will now legally assess the judgement in more detail and decide on the course of action.

BUSINESS REPORT