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• June 4, 2026

JUDGMENT RESERVED: HIGH COURT CONSIDERS ARGUMENTS CHALLENGING WEST COAST SEISMIC SURVEY APPROVAL

Civil Society Organizations and Community Members Held a Demonstration Outside Western Cape High Court and Attended Court Hearing Against TGS Geophysical Seismic Surveys Off the West Coast

On Tuesday afternoon, the Western Cape High Court concluded a two-day hearing in the ongoing legal challenge by Aukotowa Fisheries Primary Co-operative, The Green Connection and Natural Justice (the Applicants) against the State and TGS Geophysical Company UK Ltd. According to The Green Connection’s Outreach Ambassador, Neville van Rooy, “A key issue was whether decision-makers had access to, and properly considered, all relevant information before approving the project. Given its potential consequences for marine ecosystems and coastal livelihoods, this case is not only about compliance – it is about transparent and lawful decisions that genuinely serve the public interest.”

The case concerns the environmental authorisation – granted by the Department of Mineral and Petroleum Resources (DMPR) and confirmed on appeal by the Minister of Forestry, Fisheries and the Environment – of a large-scale offshore 3D seismic survey offshore of South Africa’s West Coast to search for oil and gas deposits. Small-scale fishers and civil society organisations previously appealed the decision, but these appeals were dismissed by the Minister of Forestry, Fisheries and the Environment. They approached the courts to review and set aside these decisions.

The Applicants contend that several critical issues were not adequately assessed before environmental authorisation was granted, including the risks posed by seismic blasting – high-intensity sound pulses used to map the seabed for potential oil and gas deposits – to marine species and the ecosystems on which coastal communities depend.

“The need and desirability assessment for the project focuses largely on the projected economic benefits of the project. However, what is missing is a fair assessment of the potential costs, risks and consequences for coastal communities, marine ecosystems and future generations of the oil and gas value chain, which starts with seismic surveys. It is reckless not to consider the full picture. It’s like deciding to buy a house because of the view or the size, without checking whether the roof leaks, whether the area floods in winter, or what the monthly costs will be. Responsible decision-making seeks to weigh the potential benefits against long-term risks and consequences,” adds van Rooy.

“We therefore hope the court, just like in the Searcher Geodata case, recognises that important environmental and social impacts were not adequately considered before authorisation was granted,” he says. The case also focused on whether “need and desirability” were properly assessed. This means thoroughly checking to make sure the project is needed, environmentally responsible and socio economically justified. And while there is an ongoing debate about energy security, it remains critical to note that even if there would be local production of oil and gas, it would not be cheaper but instead opens the country to vulnerability and volatile global markets. Western Cape High Court concluded a two-day hearing in the ongoing legal challenge by Aukotowa Fisheries Primary Co-operative, The Green Connection and Natural Justice (the Applicants) against the State and TGS Geophysical Company UK Ltd. According to The Green Connection’s Outreach Ambassador, Neville van Rooy, “A key issue was whether decision-makers had access to, and properly considered, all relevant information before approving the project. Given its potential consequences for marine ecosystems and coastal livelihoods, this case is not only about compliance – it is about transparent and lawful decisions that genuinely serve the public interest.”

The case concerns the environmental authorisation – granted by the Department of Mineral and Petroleum Resources (DMPR) and confirmed on appeal by the Minister of Forestry, Fisheries and the Environment – of a large-scale offshore 3D seismic survey offshore of South Africa’s West Coast to search for oil and gas deposits. Small-scale fishers and civil society organisations previously appealed the decision, but these appeals were dismissed by the Minister of Forestry, Fisheries and the Environment. They approached the courts to review and set aside these decisions.

The Applicants contend that several critical issues were not adequately assessed before environmental authorisation was granted, including the risks posed by seismic blasting – high-intensity sound pulses used to map the seabed for potential oil and gas deposits – to marine species and the ecosystems on which coastal communities depend.

“The need and desirability assessment for the project focuses largely on the projected economic benefits of the project. However, what is missing is a fair assessment of the potential costs, risks and consequences for coastal communities, marine ecosystems and future generations of the oil and gas value chain, which starts with seismic surveys. It is reckless not to consider the full picture. It’s like deciding to buy a house because of the view or the size, without checking whether the roof leaks, whether the area floods in winter, or what the monthly costs will be. Responsible decision-making seeks to weigh the potential benefits against long-term risks and consequences,” adds van Rooy. 

“We therefore hope the court, just like in the Searcher Geodata case, recognises that important environmental and social impacts were not adequately considered before authorisation was granted,” he says. 

The case also focused on whether “need and desirability” were properly assessed. This means thoroughly checking to make sure the project is needed, environmentally responsible and socio economically justified. And while there is an ongoing debate about energy security, it remains critical to note that even if there would be local production of oil and gas, it would not be cheaper but instead opens the country to vulnerability and volatile global markets.

Civil society organizations and community members attended day two of court hearing against TGS Geophysical seismic surveys off the west coast

Walter Steenkamp of Aukotowa Fisheries Primary Co-operative says, “With decisions of this scale, caution is essential because if the fish are gone, what alternatives remain for our communities? As unemployment, poverty and inequality continues to grow in the country, we, as coastal communities, want to live with dignity, we do not want to become statistics. Had all relevant information been properly considered, government decision-makers would know that the impacts on small-scale fishing communities and coastal livelihoods could be devastating.”

Melissa Groenink-Groves, Programme Manager of the Defending Rights Programme at Natural Justice says, “In addition to raising arguments about deficiencies in the basic assessment report, which informed the decisions, it was clear that the Director-General in DPMR did not have the assessment or the specialist reports before him to consider before he granted the environmental authorisation.We remain optimistic about the result and trust that Judge Judith Cloete will recognise the impacts that seismic surveying can have on the environment and coastal communities whose livelihoods depend on the ocean.”

The approval of the project, despite evidence of the potential harm to people, the environment and the climate, raises broader concerns about how energy decisions are being made and whose voices are prioritised.

“This case also highlights another question that lies at the heart of this case, and the other legal challenges we have brought: how can South Africa claim to be committed to reducing greenhouse gas emissions under the Paris Agreement when approximately 90% of its ocean territory is under lease for offshore oil and gas exploration? Oil and gas exploration cannot be considered in isolation. Decision makers should assess full lifecycle impacts – including environmental, social and climate consequences – rather than focussing narrowly on speculative economic benefits,” adds van Rooy.

Steenkamp concludes, “All we want is to protect our fishing grounds and our way of life from activities that could disrupt marine ecosystems or contribute to worsening climate change because it could affect our ability to earn a living and provide for our families. If the impacts on small-scale fishers and coastal communities were not properly considered, then a crucial part of the decision-making process was missing.”

Judgment has been reserved and will be delivered in due course.Walter Steenkamp of Aukotowa Fisheries Primary Co-operative says, “With decisions of this scale, caution is essential because if the fish are gone, what alternatives remain for our communities? As unemployment, poverty and inequality continues to grow in the country, we, as coastal communities, want to live with dignity, we do not want to become statistics. Had all relevant information been properly considered, government decision-makers would know that the impacts on small-scale fishing communities and coastal livelihoods could be devastating.”

Melissa Groenink-Groves, Programme Manager of the Defending Rights Programme at Natural Justice says, “In addition to raising arguments about deficiencies in the basic assessment report, which informed the decisions, it was clear that the Director-General in DPMR did not have the assessment or the specialist reports before him to consider before he granted the environmental authorisation. We remain optimistic about the result and trust that Judge Judith Cloete will recognise
the impacts that seismic surveying can have on the environment and coastal communities whose livelihoods depend on the ocean.”

The approval of the project, despite evidence of the potential harm to people, the environment and the climate, raises broader concerns about how energy decisions are being made and whose voices are prioritised.

“This case also highlights another question that lies at the heart of this case, and the other legal challenges we have brought: how can South Africa claim to be committed to reducing greenhouse gas emissions under the Paris Agreement when approximately 90% of its ocean territory is under lease for offshore oil and gas exploration? Oil and gas exploration cannot be considered in isolation. Decision-makers should assess full lifecycle impacts – including environmental, social and climate consequences – rather than focussing narrowly on speculative economic benefits,” adds van Rooy.

Steenkamp concludes, “All we want is to protect our fishing grounds and our way of life from activities that could disrupt marine ecosystems or contribute to worsening climate change because it could affect our ability to earn a living and provide for our families. If the impacts on small-scale fishers and coastal communities were not properly considered, then a crucial part of the decision-making process was missing.”

Judgment has been reserved and will be delivered in due course.

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• May 26, 2026

WEST COAST SEISMIC SURVEY CASE MOVES CLOSER TO HEARING

This Energy Month, the legal challenge between Aukotowa Fisheries Primary Co-operative, The Green Connection, and Natural Justice (the Applicants), and the government together with TGS Geophysical Company UK Ltd (the Respondents), concerning authorisation for offshore seismic surveys along South Africa’s West Coast and Northern Cape coastline, has entered a critical new phase. The Applicants and Respondents have now filed their Heads of Argument and joint practice note in the Western Cape High Court ahead of hearings scheduled for next month.

According to The Green Connection’s Outreach Ambassador, Neville van Rooy, “This case is not about asking the court to decide whether oil and gas is good or bad in general. The question before the Court is whether government decision-makers had and considered all the relevant information before approving this project. Our case is that they did not. Expert evidence before the Court aims to show that several important issues were not properly considered, particularly the potential impacts on small-scale fishing communities and coastal livelihoods. This includes the cumulative effects of seismic blasting over extended periods, as well as scientific evidence indicating that underwater noise impacts may travel far further than suggested in the environmental reports relied upon by the decision
makers.”

The proposed TGS survey would involve seismic blasting using airguns that release extremely loud sound pulses into the ocean every few seconds for months at a time to map the seabed for possible oil and gas deposits.

“Small-scale fishers and coastal communities depend on access to a healthy ocean for food, income and survival. However, we believe that the approval process failed to adequately consider how exclusion zones created around survey vessels could prevent small-scale fishers from accessing traditional fishing areas for extended periods, placing livelihoods and food security at risk. So, as we can see, if decisions are made without properly considering the social and economic risks, these communities could carry the consequences. This case is fundamentally about accountability and ensuring that government decisions, that come with long-term impacts, are based on all the relevant facts,” says Walter Steenkamp from the Aukotowa Fisheries Primary Co-operative in Port Nolloth Northern Cape.

This case follows earlier successful litigation against Searcher Geodata’s proposed West Coast seismic survey, where the High Court found serious flaws in the decision-making and consultation process underpinning the project approval. In that matter, the court recognised the risks posed to small-scale fishing communities and marine ecosystems and held that important environmental and social impacts had not been adequately considered before authorisation was granted. Similar concerns arise in the TGS case.

“Government decisions that affect the public must be made on a properly informed basis. We are challenging this decision because we feel that key questions were not adequately tested before approval was granted. This includes whether the project would meaningfully contribute to energy security, whether it would genuinely help address future energy supply concerns, and whether the long-term economic and climate risks were properly understood,” adds van Rooy.

The Applicants also argue that government failed in its duty to protect the coastline as a shared public resource held in trust for all South Africans, rather than primarily for private industrial interests. They further argue that decision-makers failed to properly consider South Africa’s climate commitments and the potential conflict between new fossil fuel exploration and the country’s carbon reduction obligations.

“These are not minor issues. South Africans are already experiencing the impacts of climate change through drought, flooding, extreme heat and growing pressure on livelihoods. At the same time, people need energy solutions that are affordable, realistic and capable of meeting demand. If major projects are approved on the promise that they will solve an energy problem or would bolster local economies, good governance requires that all claims be properly scrutinised before any irreversible decisions are made.”

The matter will be heard in the Western Cape High Court on 1 and 2 June 2026. 

For More Information
Court proceedings will be live streamed on YouTube on 1 & 2 June 2026, from
10:00am(SAST).

TGS Geophysical Company West Coast Seismic Survey Factsheet.

Court Papers
TGS Court Case
TGS – 12391 Applicants’ Heads of Argument 2026-05-05
Third Respondents Heads of Argument_ Aukotowa_ DDG DMPR
State Respondents HoA

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