What does Shell's Wild Coast defeat mean for South Africa's oil and gas ambitions?
The chairperson of Parliament’s minerals committee, Mikateko Mahlaule, has raised concerns
The chairperson of Parliament’s minerals committee, Mikateko Mahlaule , has raised concerns over the impact of the Constitutional Court’s decision to set aside Shell and Impact Africa’s Wild Coast exploration right.
This comes after the Constitutional Court blocked Shell and Impact Africa from pursuing their offshore exploration plans along the Wild Coast, overturning a 2024 Supreme Court of Appeal decision that had allowed the companies a chance to renew the exploration right.
The court found that affected Wild Coast communities had not been properly informed about the proposed seismic survey or given a meaningful opportunity to raise their concerns before the exploration right was granted.
It also found that the unlawful process could not be cured by consulting the communities more than a decade later.
Mahlaule said the ruling must be respected, but warned that continued legal uncertainty could affect investment, exploration and job creation in South Africa’s offshore petroleum sector.
“The country cannot afford for potentially significant economic opportunities and job creation initiatives to remain permanently at the conceptual stage because of uncertainty around exploration," Mahlaule said.
"Exploration is the process through which we establish whether resources exist and whether they can ultimately be developed for the benefit of the economy and the people of South Africa".
Mahlaule said economic development and environmental protection should not be treated as opposing goals.
“South Africa needs a regulatory framework that protects our environment and the rights of affected communities, while at the same time providing investors with sufficient certainty to undertake responsible exploration".
"If uncertainty continues to delay exploration indefinitely, we risk losing investment and opportunities for economic growth, skills development and employment,”
He warned that continued uncertainty could result in South Africa losing investment and opportunities for economic growth, skills development and employment.
Mahlaule said South Africa also needed to remain competitive with other resource-rich countries in attracting investment into exploration.
"South Africa cannot afford to fall behind other resource-rich countries in attracting investment into exploration and developing its natural-resource base"
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