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Court halts TotalEnergies SA oil exploration

A judicial review heard in the Western Cape high court this week has questioned the environmental authorisation process for TotalEnergies’ offshore oil and gas exploration rights between Cape Town and Cape Agulhas. (Chesnot/Getty Images)

A South African court has refused environmental authorisation for offshore drilling in a venture led by French energy giant TotalEnergies near the foot of Africa, in a ruling seen by AFP yesterday.

The High Court on Wednesday said the environment ministry’s 2023 go-ahead for exploratory operations in the roughly 10 000-square-kilometre block near Cape Town had been “reviewed and set aside”.

Environmental lobby groups that launched a legal challenge against the project said it would harm marine life.

The block is jointly owned by South Africa’s state oil company PetroSA, TotalEnergies and British oil heavyweight Shell, with the French firm serving as the operator.

In a statement to AFP, TotalEnergies says the venture complied with all required local regulations, including environmental and social, from the outset and it would assess the judgement.

Although it had already announced its exit from exploration in the block, it remains “fully committed to respecting the judicial process to its term”, the company notes.

In overturning the environmental permit, judge Nobahle Mangcu-Lockwood said TotalEnergies could reapply for authorisation after public consultation.

Green Connection, one of the groups that filed the legal challenge, say the ruling was a major victory for coastal communities and small-scale fishers.

“Oil spill and blowout contingency plans were kept from the public until after approval, denying communities a chance to comment,” the group says.

Interest in oil and gas exploration off South Africa’s coast has surged in recent years, driven in part by major discoveries across the maritime border in Namibia and broader energy activity in southern Africa, including Mozambique.

The Natural Justice group of environmental lawyers say Wednesday’s judgement affirmed that all companies needed to follow due process before seeking the green light for oil exploration off South Africa.

“We will continue to turn to our courts to not only stop the takers who parade under the guise of growth and development, but to ensure that impacts of oil and gas exploration and production are properly scrutinised and that our people and our resources are not exploited.”

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