Top Court Strengthens Community and Environmental Rights

A landmark ruling has blocked offshore oil exploration in South Africa, strengthening protections for coastal communities, marine ecosystems and their livelihoods.

“Consultation is a process which affirms human dignity by affording a seat at the table to those whose lives are impacted by decisions,” said Justice Jody Kollapen of South Africa’s Constitutional Court.

The Constitutional Court set aside Shell’s and Impact Africa’s exploration rights after a decade-long legal dispute over plans to search for oil and gas off the Wild Coast. The judges found that affected communities had not been meaningfully consulted and highlighted the need to consider environmental and climate impacts when deciding on natural resources. As the country’s highest court, the ruling could also influence similar cases involving community and environmental rights.