The court hearing regarding TotalEnergies' proposed exploration drilling in South Africa's Deep Western Orange Basin (DWOB) block concluded last week, with a judgment pending. This case is part of a broader pattern where non-profit organizations have legally challenged fossil fuel exploration activities, causing significant delays that have prompted warnings about oil companies potentially leaving the country.

Legal Challenge and Applicant Arguments

The hearing centered on a challenge to an environmental authorisation granted in October 2023. The applicants—Green Connection, Natural Justice, and Aukotowa Primary Fishing Co-operative—argue the approval was unlawful, irrational, and violated constitutional, environmental, and climate obligations. They sought a judicial review to set aside both the authorisation and the subsequent dismissal of their appeal by the Department of Forestry, Fisheries & the Environment in July 2024.

The applicants raised specific concerns about the adequacy of the environmental impact assessment (EIA). They contend the EIA failed to properly address the unprecedented technical challenges and heightened risks of drilling in water depths exceeding 2000 metres, a scenario new to South Africa. Furthermore, they argue the government did not meaningfully assess the project's impact on local livelihoods, food security, cultural heritage, and constitutional rights. A core legal argument is that the approval violates the precautionary principle, as there is allegedly no robust, site-specific scientific evidence or a properly tested blowout contingency plan for South African waters.

TotalEnergies' Position and Other Blocks

TotalEnergies EP South Africa (TEEPSA) declined to comment on the sub judice case but stated its commitment to operating in compliance with all regulations and the highest industry standards. The company noted that if authorisation is confirmed, two exploration wells could be drilled in the DWOB block. TEEPSA also provided updates on its other Orange basin licenses. For Block 3B/4B, an environmental authorisation to drill was granted in September 2024 but is currently under appeal; if confirmed, a single well could be drilled. For the Orange Basin Deep (OBD) block, studies are ongoing to confirm its prospectivity.

Environmental Assessment Timeline

Separately, SLR Consulting, the firm handling the DWOB environmental approval process, has until 11 December 2026 to submit its final EIA report to the upstream regulator. A 732-page draft EIA was published in August 2025.