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last yr.

Constitutional Court Reserves Judgment in Shell Wild Coast Rights Case

The case turns on whether the SCA’s suspension of a set-aside order offers a just remedy that safeguards meaningful public participation.

‘We just hope the judge will listen to every word our legal team says because this is our last hope. When hope ends, there is no life,’ said Ntsindiso Nongcavu in Port St Johns on 21 August 2025. (Photo: Barry Christianson)
Max Pekayo fishing at the rocky reef adjacent to the Morgan Bay tidal pool in Kei Mouth on 19 August 2025. (Photo: Barry Christianson)
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Overview

  • South Africa’s Constitutional Court heard arguments on Tuesday on the legality of the Supreme Court of Appeal’s order suspending the setting aside of an offshore exploration right and then reserved judgment.
  • Applicants led by Sustaining the Wild Coast say the SCA order is vague and enables Shell and Impact Africa to avoid comprehensive consultation with Amaphonda and AmaXhosa communities.
  • Opponents of the proposed 3D seismic survey warn it could harm marine and bird life and disrupt small-scale fishers’ livelihoods along the Wild Coast.
  • Shell told the court that any defects in earlier processes can be cured through a fresh consultation as part of the pending third renewal application.
  • The minister responsible for mineral resources argued the challenge is premature, saying the SCA order already sets out steps for effective public participation before the renewal is considered.