In an underreported legal action in August, the oil and gas giant Shell lost a significant court case in  South Africa, which put an end to its long-running battle to drill off the country’s Wild Coast.  

Though the case, which was brought by a coalition of coastal communities and environmental justice  organisations, was against the government’s Department of Mineral Resources and Energy (DMRE),  Shell played a full part in the hearings and was the ultimate loser. 

This is the story. In 2014 the DMRE granted a company called Impact Africa (which was later joined  by Shell) an exploration license to search for oil and gas off the Eastern Cape’s Wild Coast, an  ecologically rich coastline where communities have deep cultural and livelihood ties to the sea.  

When, in 2021, with license from the DMRE, Shell moved to conduct seismic surveys, which use  underwater sound blasts to map rock formations, six local communities sued, arguing that they had  not been consulted.  

The local high court agreed and set the exploration rights aside. Shell then appealed to the South  African Supreme Court who gave Shell a reprieve by granting them the right to a renewed application  with the chance to consult second time round. 

The appellants then went one higher, to the South African Constitutional Court, which on 14th August  closed down that lifeline, holding that corporate financial considerations cannot override a  constitutional violation after the fact. In other words, if Shell did not consult the first time round, they should not have a second chance.  

Why is this case important beyond the Wild Coast?  

It’s the first climate case ever to reach South Africa’s Constitutional Court. It is also the first binding  African court judgment to formally cite the International Court of Justice July 2025 advisory opinion  on the obligations of states to take account of the environmental foundation of human rights.  

The court, in fact, explicitly ruled that failing to weigh the impacts of climate change on communities in how the exploration right was granted was itself legally defective.  

Second, the ruling creates a significant precedent by saying that a procedural injustice (in allowing an  oil and gas project) can’t be retroactively ‘fixed’ once a court finds it unlawful. In so doing this  substantially raised the stakes for any government department approving fossil fuel projects  elsewhere.  

Third, it elevates climate change from a side issue to a core legal consideration. The court ruled that  decisions affecting the climate must be informed by scientific knowledge, international  commitments, and the foreseeable impact of emissions on future generations.  

It thereby explicitly rejected the idea that environmental and cultural harm are just competing  interests to be weighed against economic development.  

That reframing (rights before profits, not rights vs. profits) is now being watched for how courts  might treat fossil fuel licensing not just in Africa but worldwide. 

This is why it is such a big win. 

Joe Human 

sustainablekeswick@gmail.com