On the 25th of March 2024, the Green Connection partnered with Natural Justice lodged an application against the decision by the Minister of Mineral Resources and Energy and the Minister of Forestry, Fisheries and the Environment, to allow Total Energies South Africa environmental authorisation to conduct exploratory drilling just off the coast stretching from Cape Town to Cape Agulhas.
These NGO’s argue inter alia that the Ministers failed to consider the potential damage that an oil spill would have on the local subsistent fishing community, as well as turning a blind eye to the influence this fossil fuel has in contributing to climate change. In particular, they submit that should the ocean’s delicate ecosystem be damaged or altered in any way, an entire communities’ way of life would end.
They allege further that the Integrated Coastal Management Act requirements were not considered and meaningful public participation which is enshrined in the National Environmental Management Act was not incorporated. Over 20 organisations and individuals appealed against this decision with the Minister dismissing them all. The NGO’s are of the view that there has been a violation of public trust and that this decision should be set aside as it is unreasonable, procedurally unfair and arbitrary.
Will this be a re-match of the Shell case heard in 2022? Will Minister Creecy successfully defend her decision as being rational, reasonable and procedurally fair, or will the courts find she is failing her mandate to protect the environment in preference to the highest bidder?
Stay tuned…