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The South African High Court concludes hearing a landmark case challenging TotalEnergies’ Deep-Water Drilling project and offers to deliver its ruling on notice.

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The South Durban Community Environmental Alliance (SDCEA) stand in solidarity with small‑scale coastal fishing communities on the West Coast as they challenge TotalEnergies SA’s Deep‑Water Orange Basin drilling approval in the Cape Town High Court.

By the Witness Radio team.

Cape Town, South Africa- The Western Cape High Court has concluded a two-day hearing in a landmark environmental justice case challenging the approval of ultra-deep-water oil and gas exploration by TotalEnergies in the Deep Western Orange Basin (DWOB), off South Africa’s West Coast.

The case, brought by environmental organizations including The Green Connection and Natural Justice, alongside the Aukotowa Primary Fishing Co-operative, challenges the legality of the environmental authorization granted by the Department of Mineral and Petroleum Resources.

The applicants argue that the decision was unlawful, irrational, and inconsistent with South Africa’s constitution and environmental laws, particularly in its evaluation of the environmental, climate, and socio-economic risks of the proposed exploration.

The Director General, Department of Mineral & Petroleum Resources, the Minister of Forestry, Fisheries & the Environment, and Total Energies EP South Africa S.A.S are the respondents in the case, which has sparked debate on environmental concerns likely to be caused by the project.

Neville van Rooy, the outreach ambassador for The Green Connection, told the Court that the project introduces unprecedented risks.

“The DWOB presents conditions unlike anything South Africa has ever faced – both in water depth and technical complexity. Neville van Rooy emphasized that the Environmental Impact Assessment (EIA) did not adequately address these unprecedented risks, which could have serious environmental consequences.”

The case dates back to 23 October 2023, when the Department of Mineral and Petroleum Resources granted environmental authorization, and appeals were dismissed on 24 April 2024, highlighting the ongoing legal process.

In October 2024, the applicants filed a case in the Western Cape High Court challenging the environmental authorization. They are also seeking to have both the Director-General’s decision and the Minister’s dismissal of their appeal reviewed and set aside.

The nearly 100 small-scale fishers and community members protested outside the Western Cape High Court, voicing concerns about marine ecosystems and the threat to local livelihoods posed by the project.

The demonstrators highlighted threats to marine ecosystems, declining fish stocks, and the livelihoods of coastal communities already facing the growing impacts of climate change.

“The State failed to meaningfully assess how this project will affect our livelihoods, food security, cultural heritage, and constitutional rights – effectively prioritising corporate interests over vulnerable fishing communities. We have the right to be heard and the right to a healthy environment. But the approval process ignored our lived realities and the warnings we have repeatedly raised.”  Walter Steenkamp, the chairperson of Aukotowa Fisheries, a small-scale fishing cooperative in Port Nolloth, revealed.

The applicants argued that the government failed to assess the project’s need and desirability properly, downplayed the risks of ultra-deep drilling, ignored the socio-economic impacts on coastal communities, and overlooked obligations under the Integrated Coastal Management Act. They also maintain that the project conflicts with South Africa’s net-zero commitments and that the narrative of gas as a ‘bridge fuel’ is unsupported by science.

“Decision-makers disregarded key environmental laws, particularly the Integrated Coastal Management Act (ICMA). The public trustee duty requires the State to safeguard coastal public property for current and future generations. Both the Director-General and the Minister failed to apply mandatory criteria on coastal public property, public interest, and intergenerational justice, rendering their decisions unlawful.” Melissa Groenink-Groves, Programme Manager of the Defending Rights Programme at Natural Justice, emphasized.

Further, Steenkamp criticized the Environmental Impact Assessment (EIA) for downplaying the risks associated with drilling at depths greater than 2,000 metres below sea level.

“Without robust, site-specific scientific evidence and a Blow-out Contingency Plan tested in South African waters, approving this project violates the precautionary principle, which requires decision-makers to act with heightened caution where activities pose the risk of serious or irreversible harm.”

In response, the government of South Africa and TotalEnergies defended the approval, arguing that the process complied with national laws, including the National Environmental Management Act (NEMA).

On the issue of “need and desirability,” the respondents submitted that the project’s value lies in the knowledge to be gained through exploration, which is critical for informing future energy planning and resource management. They insisted that it would be premature and legally inappropriate to assess the impacts of production at this stage.

Addressing concerns about oil spill risks and socio-economic impacts, the respondents pointed to several technical studies—including the Oil Spill Modelling Report, Fisheries Impact Assessment, and Socio-Economic Impact Assessment respondents argued that the decision-makers relied on credible global datasets to assess the socio-economic impacts on small-scale fishers in the final ESIA, which presented a full evaluation of the potential consequences in a range of scenarios, including the socio-economic impact of an oil spill on small-scale fishers.

Regarding compliance with coastal protection laws, government lawyers argued that the principles outlined in the Integrated Coastal Management Act were substantively addressed within the broader ESIA process.

The respondents further argued that the applicants had failed to establish sufficient legal grounds to challenge the decisions, urging the Court to dismiss the case and order the applicants to cover legal costs.

This case is part of a broader wave of resistance by communities opposing projects they say threaten their survival and ecosystems. Large oil corporations have faced mounting criticism for financing projects associated with environmental destruction and, in some cases, for fueling conflict and social disruption.

In Uganda, for example, TotalEnergies has faced criticism over its involvement in major oil developments, including the East African Crude Oil Pipeline. These projects have been linked to widespread displacement, livelihood losses, and social disruption affecting more than 100,000 people.

For South African Communities and civil society groups, projects like DWOB threaten marine biodiversity, traditional livelihoods, and South Africa’s climate commitments.

“Decisions made in Cape Town about TotalEnergies and Shell will have a major impact on the future of our fishing industry. For generations, our families have relied on traditional fishing to put food on the table. Oil exploration threatens our ability to provide for our children and support our communities.” Ernest Titus from Lambert’s Bay added.

The Court is expected to announce the judgment soon, a decision that could have significant implications for South Africa’s fishing communities, marine ecosystems, and future offshore oil exploration.

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Civil society groups at UNCCD COP17 are calling for urgent action on land rights, drought, and vital funding.

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By the Witness Radio team.

ULAANBAATAR, Mongolia: At the 17th session of the United Nations Convention to Combat Desertification (UNCCD COP17), civil society organizations urged governments to turn promises into real action, tackling land degradation, drought, and the mounting dangers confronting land-dependent communities.

At a press conference in Ulaanbaatar on Monday, August 17, civil society representatives from every corner of the globe—Africa, Asia, Latin America and the Caribbean, Western Europe, and Central and Eastern Europe—shared their priorities and plans for the two-week Summit.

Throughout COP17, these organizations plan to actively engage with government negotiators, national focal points, and other stakeholders, bringing forward evidence and community voices to ensure their priorities shape the conference’s outcomes.

They will also champion meaningful participation for civil society, Indigenous peoples, pastoralists, women, youth, and local communities in every stage of negotiations, implementation, monitoring, and follow-up.

The Civil Society Organization (CSO) Panel, which leads civil society engagement in the UNCCD process, shared that its members have spent nearly a year collecting perspectives from all five regions and crafting 19 key messages and recommendations for COP17.

Andy Morris, the Western European representative on the CSO Panel, said their main expectation is for COP17 to become an “action COP” that moves commitments into implementation.

“Our main expectation is that COP17 moves commitments to implementation,” Morris said, adding that this action COP requires accessible and adequate finance reaching communities and local actors who can implement solutions on the ground.

The CSOs are also determined to strengthen knowledge-sharing between governments, scientists, practitioners, Indigenous peoples, local communities, and pastoralists.

Morris emphasized that Indigenous, traditional, and local knowledge deserves equal recognition with scientific knowledge. He also called for greater support for civil society and local actors to generate evidence and monitor land degradation and restoration.

“We have a wealth of knowledge at our fingertips, and we need to bridge the gap between indigenous people’s knowledge and science,” he said.

Civil society organizations have made secure and fair access to land and land tenure a top priority, especially for women, Indigenous peoples, and local communities.

They are urging robust multi-stakeholder land governance, integrated land-use planning, and sustainable water management to help territories withstand drought.

They are pressing governments to shift from reactive drought responses to proactive, locally led strategies that boost land restoration and soil health.

The CSO Panel also prioritizes bolder action on land degradation neutrality and tighter coordination across land, climate, biodiversity, water, and food security agendas.

Sopiko Babalashvili, representing Central and Eastern Europe on the CSO Panel, said civil society wants COP17 commitments to translate into action at the community level.

“It’s important to increase accessible and secure finance for locally led and community-led solutions and translate commitments into action on the ground,” Babalashvili said.

African civil society representative Ellen Otaru-Okoedion highlighted that civil society organizations have been tackling desertification, land degradation, and drought at the grassroots long before these issues reach international negotiations.

“CSOs play an integral role in addressing desertification, land degradation, and drought within communities long before these challenges reach international negotiations.” She added that civil society organizations are more than observers at COP17; they are knowledge holders, partners in sharing and implementing solutions, and key contributors to locally rooted progress. The organizations urge governments to keep COP17 inclusive and ensure civil society has a real voice in negotiations, implementation, monitoring, and follow-up.

“We are also implementation partners and contributors to locally grounded solutions,” Ellen further revealed, adding that they will continue to engage with negotiators, party officials, national focal points and different caucuses while working with civil society networks and partners across regions and other environmental conventions.

Civil society representatives also voiced concerns about the shrinking financial space for organizations working on the frontlines in communities.

They warned that relying too heavily on external project funding can undermine civil society’s independence and called for new approaches to help organizations build more sustainable funding streams.

The panel pointed to capacity building, networking, and organizational development as key ways to empower CSOs to mobilize resources and keep supporting communities.

The organizations are also pushing for closer coordination among the three major Rio Conventions on desertification, climate change, and biodiversity.

They argue that land degradation, drought, water insecurity, climate change, biodiversity loss, and food security are deeply interconnected challenges that demand coordinated solutions, not isolated efforts.

As negotiations unfold over the next two weeks, civil society groups are determined to make sure the voices of communities affected by land degradation and drought shape the decisions made at COP17.

They believe the true measure of the conference’s success will not be what is agreed on paper, but whether those commitments reach communities through funding, action, monitoring, and greater participation by those who rely on the land for their livelihoods.

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South Africa’s top court blocks Shell oil exploration off country’s Wild Coast

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In a landmark judgment on Aug. 14, South Africa’s Constitutional Court set aside exploration rights held by oil giant Shell and Impact Africa, a South African oil and gas company. The ruling prevents the companies from exploring for fossil fuels off South Africa’s Wild Coast.

The case was brought by Wild Coast communities and environmental organizations after Shell announced plans in 2021 to conduct a 3D seismic survey off the country’s Eastern Cape province coastline. They argued that authorities had failed to meaningfully consult affected communities or consider harms to their spiritual and cultural rights and livelihoods. Authorities also failed to consider the potential harm to marine life and climate change, the plaintiffs argued.

In the judgement, Justice Jody Kollapen wrote the majority opinion and said consulting communities isn’t just a procedural requirement, but “a process which affirms human dignity by affording a seat at the table to those whose lives are impacted by decisions.”

Acknowledging the “cornerstone role that dispossession played in the apartheid regime,” the court noted that South Africa’s natural resources are highly contested and that the case is embedded in “well-documented struggles by coastal communities to protect their land, marine resources and ways of life in the face of extractive activities.”

The judges also considered last year’s International Court of Justice Advisory Opinion on countries’ obligations in the context of climate change: “Decisions must be taken within a framework of heightened diligence, informed by scientific knowledge, international commitments and the foreseeable impacts of emissions on present and future generations,” Kollapen wrote.

The question of oil exploration rights in the area began in 2014, when the Department of Mineral Resources and Energy granted Impact Africa Limited the right to undertake a seismic survey to look for oil and gas reserves on the Wild Coast. Impact Africa Limited is a subsidiary of Impact Oil & Gas Limited, which in 2021 transferred a 50% stake of its exploration rights in the area to Shell.

The case has appeared before several South African courts over the past decade before reaching the Constitutional Court, the highest in the country.

Carmen Mannarino from the South African nonprofit Masifundise Development Trust, which works with communities in the area, told Mongabay that the court’s decision is a victory for fishing communities. “The court recognized that exploring for resources in light of potential future financial benefits does not compare to the constitutionally recognized rights of fishing communities,” Mannarino said.

“This is the apex court and the first time that it has dealt with issues relating to the community and environmental rights in relation to oil and gas exploitation,” Melissa Groenink, an attorney with one of the applicants, civil society organization Natural Justice, told Mongabay, adding that the ruling might influence similar cases currently in process.

Shell did not respond to Mongabay’s request for comment by the time of publication.

Banner image: Fisherpeople in Port St. Johns, Eastern Cape. Image courtesy of Aletta Harrison CC BY 4.0.

Source: news.mongabay.com

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Minister Nabakooba wants special land title issuance halted

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She said the continued issuance of the certificates without adequate verification was fuelling land disputes and creating opportunities for land grabbers to deprive legitimate owners of their property.

Lands minister Judith Nabakooba wants the issuance of certificates of occupancy, which act as land titles, halted for three months to allow the Government to review and streamline the process and curb double titling.

She said the continued issuance of the certificates without adequate verification was fuelling land disputes and creating opportunities for land grabbers to deprive legitimate owners of their property.

She made the remarks on August 14, 2026, during a lands staff meeting at the Office of the Prime Minister in Kampala.

The minister warned lands officers against issuing special certificates for land that already has registered ownership, saying those who disregard the procedures could face arrest.

“You have slept on your duty on the issue of special certificates. When you continue issuing them, I will send the police, and they will arrest you.”

Nabakooba cited cases in Kyengera and Kabula, in Wakiso and Lyantonde districts respectively, where the titles had reportedly been issued despite existing claims and titles on the same land.

“We need to sit and have a clear guideline on how to handle that issue,” she said, adding that many of the reported cases were coming from the Buganda region.

She said the creation of special titles on already registered land was also placing pressure on ministry leadership, as affected people frequently seek intervention.

“I receive distress calls from my bosses. You are putting special titles on existing titles, which makes my work very hard,” she said.

The minister’s concerns come amid persistent complaints about land grabbing, overlapping titles and double titling, which she said undermine public confidence in the country’s land administration system.

Nabakooba urged lands officials to take responsibility for the services they provide and follow proper procedures when handling land transactions.

She also directed lands officers to clear the backlog of land transactions by December, questioning how officials who frequently absent themselves from duty would meet the deadline.

She said the ministry continues to receive complaints about officers who report to work only once a week.

“You disappear a lot. Every time you give excuses. There are people who work for only one day a week. We get a lot of complaints from the public,” she said.

The minister also criticised poor customer care, saying some officers shout at clients and create an intimidating environment that discourages people from freely presenting their land-related concerns.

She further directed officials to remove brokers operating around Ministry Zonal Offices, accusing them of misleading clients and sometimes posing as ministry officials to solicit money.

“Let’s try to get brokers out of our offices. They even start blackmailing our names, posing as officials from the ministry and taking money from people,” she said.

Nabakooba also directed staff to wear name tags and ministry shirts to help members of the public distinguish genuine ministry employees from brokers.

The technical officers were also directed to enter titles completed under the Systematic Land Adjudication and Certification programme into the land information system and ensure they are distributed to the intended beneficiaries.

The minister appealed to officials to engage contractors to provide outstanding data needed to complete the programme.

“This is a World Bank loan, and we have to pay back the money, so let’s use it properly to finish the services they were asked for,” she said.

Nabakooba also urged technical officers to accompany ministers during field visits, saying their expertise is necessary to provide technical guidance and help the Government understand challenges faced by communities.

What others said

Acting permanent secretary in the lands ministry Dr Emmanuel Mugunga urged staff to embrace teamwork, accountability and respectful treatment of colleagues and clients.

He warned that the Human Capital Management System would track staff attendance and that absenteeism would have consequences.

Housing state minister Persis Namuganza urged staff to restore public confidence in the ministry, saying some members of the public now associate lands officials with land grabbing.

Lands state minister Harriet Ntabaazi called for greater collaboration among officers and warned technical staff against treating themselves as “small gods” at their duty stations.

Ntabaazi said land grabbing, overlapping titles, double titling and family conflicts remain among the major challenges facing the lands sector.

She also cautioned officers against soliciting money from clients, saying such practices damage the ministry’s reputation.

The ministers called for stronger accountability, adherence to proper procedures and improved teamwork to restore public confidence in land administration.

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