By Johnathan Paoli
Communities from South Africa’s Wild Coast will square off against Shell, Impact Africa, and the Mineral Resources and Energy department in the Constitutional Court this week, in what activists have described as a “historic showdown” over environmental and socio-economic justice.
According to the ‘Right to Say No’ campaign, which has been mobilising communities across the country, the case is not just about seismic blasting, but also development choices for the entire nation.
“For the first time in history, fishing communities are taking their fight all the way to the Constitutional Court. They are standing up to defend their constitutional right to be heard, especially when their customary rights are threatened, while advancing their socio-economic rights linked to the use of natural resources, as well as their environmental and cultural rights guaranteed by the Constitution and related legislation,” the campaigners said in a joint statement.
The case, Wild Coast Communities vs Shell, represents the first time coastal fishing communities have taken their fight to the apex court.
At stake is whether the Supreme Court of Appeal’s (SCA) decision to suspend a ruling invalidating Shell’s exploration rights can stand.
In 2014, the department granted Impact Africa an exploration right to conduct offshore seismic surveys in the Transkei and Algoa areas.
The right was later transferred to Shell, which in 2021 launched seismic blasting off the Wild Coast.
The controversial process uses powerful underwater airguns to map oil and gas reserves, but it drew fierce opposition from communities who depend on the ocean for food, livelihoods, and cultural practices.
In 2022, the Makhanda High Court ruled in favour of the communities, finding that the exploration right had been unlawfully granted.
The court said affected communities had not been properly consulted, and that their constitutional rights – including food security, cultural and spiritual practices, and environmental protections – had been ignored.
It also found the minister had failed to comply with the Integrated Coastal Management Act.
Shell and the department challenged the ruling at the SCA.
While the appellate court confirmed that the exploration right was unlawfully granted, it suspended the invalidity, allowing Shell to apply for a third renewal. Wild Coast communities and environmental organisations argue this order undermines constitutional protections and perpetuates illegality.
Groups such as the Amadiba Crisis Committee (ACC), Coastal Links, Sustaining the Wild Coast, and the South African Green Revolutionary Council will join a march to the Constitutional Court on Tuesday, 16 September.
The demonstration, starting at Queens Road/Hospital Street in Johannesburg, aims to highlight solidarity with the affected communities and to demand recognition of the constitutional “right to say no.”
Shell and the department argue that the SCA struck a fair balance.
In written submissions, the minister’s legal team previously said the court had exercised “true discretion” by allowing the renewal process to proceed, adding that “the minister will be guided by the court’s judgment” in considering whether to grant Shell’s renewal application.
Shell’s lawyers argued that the company had already invested more than R1 billion since 2012, and that setting aside the exploration rights entirely would unfairly punish them for failures in community consultation.
They warned that such rulings risk creating a “chilling effect” on investment.
While acknowledging that communities must be consulted, Shell maintains that consultation should not amount to a veto on development.
The Constitutional Court hearing will be accompanied by two days of activism and education.
On Tuesday, after the march to the court, a press conference will be held with the applicants, their legal representatives, and leaders from the ACC and Coastal Links.
On Wednesday, communities and campaigners will gather at Constitution Hill for a public “speak-out and teach-in”.
The programme will feature testimonies from affected fishers, sessions on the ocean economy, and legal reflections on the case.
Organisers say the event is meant to strengthen solidarity across communities and to create a platform for political education on extractivism and climate justice.
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