Just when civil society thought it could breathe a sigh of relief – believing that justice had prevailed for the ocean environment, the climate, and the people – the State and Shell are back. They want to appeal the court’s earlier ruling to set aside government’s decision to grant environmental authorisation for offshore drilling along the South-West Coast in Block 5/6/7.
According to Legal Advisor to The Green Connection, Shahil Singh, both the State (the Minister and Director General of Mineral Resources and Energy) and Shell have filed applications for leave to appeal – seeking permission to challenge the High Court decision, in either the Supreme Court of Appeal or before a full bench of the High Court.
He says, “While this is disappointing, we are hopeful that the High Court will uphold its ruling, which was a big win for human rights and climate justice, especially for those who are likely to be most affected. Moreover, without the public having had a meaningful opportunity to interrogate the full, updated Oil Spill and Blowout Contingency Plans, we do not see how this can be granted. Incidentally, not making these plans available to the public until after the environmental approval was granted, violated people’s right to comment on emergency preparedness, and seemed to significantly motivate the court’s decision. From a legal standpoint, precaution and transparency must prevail, to guarantee justice for the coastal communities and small-scale fishers who refuse to be sidelined in decisions that affect their livelihoods and the future of our oceans.”
The State and Shell argue that the Court misapplied the law, but The Green Connection and Natural Justice maintain that the ruling is legally sound and consistent with the Constitution and environmental laws requiring precaution, transparency, and public participation. The Department of Forestry, Fisheries and the Environment has chosen not to appeal, filing a Notice to Abide. The High Court must now decide whether to grant leave to appeal – if refused, the Respondents may petition higher courts, but until any appeal is finalised, the 13 August 2025 judgment remains binding.
The Green Connection and Natural Justice will oppose these applications, standing with affected communities to defend the recent High Court ruling.
