South Africa to Proceed With Appeals on Offshore Oil and Gas Exploration

Minister Aucamp recently reviewed earlier interim decisions that had postponed the appeals while related court proceedings were ongoing.

South Africa’s Minister of Forestry, Fisheries and the Environment Willie Aucamp has announced that the government will proceed with determining appeals lodged against several environmental authorisations for offshore oil and gas exploration projects along the country’s west and south coasts.

The Minister said the move is intended to prevent further delays in decision-making and ensure that environmental governance processes continue without prolonged uncertainty.

Avoiding ‘Decision Paralysis’

In a statement issued on Wednesday, Aucamp said the government has a constitutional obligation to make decisions that balance economic growth, job creation and environmental protection.

“This decision is intended to avoid any further ‘decision paralysis’. We have a legal and constitutional obligation to take decisions that promote inclusive economic growth and job creation, without compromising our constitutional mandate of protecting our environment,” the Minister said.

Appeals Filed Under Environmental Law

The appeals were lodged following the granting of environmental authorisations under the National Environmental Management Act (NEMA), 1998.

The approvals relate to offshore activities such as exploration drilling and seismic surveys linked to potential oil and gas development.

These appeals were submitted in terms of Section 43 of NEMA, which allows affected parties to challenge environmental authorisations through a formal administrative process.

Review of Previous Decision to Defer Appeals

Minister Aucamp recently reviewed earlier interim decisions that had postponed the appeals while related court proceedings were ongoing.

The review considered the legal framework governing environmental appeals, including:

• The National Environmental Management Act (NEMA)

• The National Appeal Regulations

• The Promotion of Administrative Justice Act (PAJA), 2000

The Minister said that continuing to delay the appeals while litigation proceeds could create prolonged uncertainty and hinder effective environmental governance.

“Allowing the matters to remain suspended pending lengthy litigation may stall decision-making within the environmental governance system,” he said.

Independent Appeal Panel to Be Appointed

To ensure an impartial evaluation of the issues raised, the Minister will appoint an independent appeal panel under the National Appeal Regulations.

The panel will review the appeals and provide recommendations before the Minister makes a final decision.

Safeguarding Environmental Governance

Aucamp stressed that the appeal process remains a crucial safeguard within South Africa’s environmental regulatory framework.

The process ensures that environmental decisions are subject to oversight and scrutiny, while protecting the rights and interests of all stakeholders involved.

The Department of Forestry, Fisheries and the Environment said further updates on the progress of the appeal process will be provided in due course.