Shell’s R1.1bn Wild Coast exploration plan dead after ConCourt ruling

The Constitutional Court in South Africa has struck down Shell's exploration rights off the Wild Coast, overturning a 2024 Supreme Court of Appeal decision that had upheld the right. This ruling follows a 2022 judgment which found that the communities living along the coast had not been properly consulted about the seismic survey that Shell planned to conduct.

The court found that consulting the communities now, more than a decade after the fact, would not remedy the violation of their rights. The ruling also highlights the importance of consultation in affirming human dignity, as it provides a seat at the table for those whose lives and livelihoods may be impacted by decisions. The Wild Coast is a 250km strip of Eastern Cape shoreline with significant cultural, spiritual, and fishing value for the communities that live there.

The court found that the original decision granting Shell the exploration right was fatally flawed and that Impact Africa, which had partnered with Shell on the project, had contributed to the unlawful process. The decision also blocks Shell from obtaining any further renewal of exploration rights, preventing any windfall for the company.