TotalEnergies in the Deep Water Orange Basin block

The Aukotowa Primary Fishing Cooperative, The Green Connection, and Natural Justice are challenging an Environmental Authorisation (EA) granted to TotalEnergies EP South Africa S.A.S for drilling exploration wells in the Deep Water Orange Basin, approximately 200 km offshore South Africa's west coast. The applicants seek to have the Western Cape High Court set aside the EA and the subsequent dismissal of internal appeals, with hearings scheduled for 23 and 24 March 2026. The legal challenge is based on four grounds: failure to assess the project's need and desirability in the context of climate change and energy planning; the risks of oil spills in ultra-deep waters (over 2,000 metres) and the failure to apply the precautionary principle; the negative socio-economic impacts on small-scale fishers' livelihoods and food security; and the failure to consider the National Environmental Management: Integrated Coastal Management Act.

• The legal challenge argues that the environmental authorisation was granted based on a flawed approach that assessed the exploration phase in isolation and ignored the lifecycle greenhouse gas emissions that would occur if gas were extracted and burned.
• The applicants contend that the project is inconsistent with South Africa's net-zero commitments and relies on an outdated 'bridge fuel' narrative, while ignoring the 2025 International Court of Justice Advisory Opinion regarding the duty to prevent significant harm to the climate system.
• The proposed drilling in waters deeper than 2,000 metres is described as technically complex, with the applicants arguing that the Environmental Impact Report lacks site-specific evidence for such depths and relies on an untested oil blowout contingency plan.
• The review application asserts that the decision-makers prioritised corporate profits over the food security, economic survival, and constitutional rights of small-scale fishers, specifically mentioning those in Port Nolloth.
• The applicants argue that the State failed its duty as a public trustee by ignoring the National Environmental Management: Integrated Coastal Management Act during the decision-making process.

APA

Natural Justice (n.d.). TotalEnergies in the Deep Water Orange Basin block. https://naturaljustice.org/wp-content/uploads/2026/03/ENG_Factsheet_TEEPSA-DWOB-North-Court-Case-FINAL.pdf

Chicago

Natural Justice. TotalEnergies in the Deep Water Orange Basin block. n.d. https://naturaljustice.org/wp-content/uploads/2026/03/ENG_Factsheet_TEEPSA-DWOB-North-Court-Case-FINAL.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=TotalEnergies in the Deep Water Orange Basin block |url=https://naturaljustice.org/wp-content/uploads/2026/03/ENG_Factsheet_TEEPSA-DWOB-North-Court-Case-FINAL.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendtotalenergies, author = {{Natural Justice}}, title = {{TotalEnergies in the Deep Water Orange Basin block}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2026/03/ENG_Factsheet_TEEPSA-DWOB-North-Court-Case-FINAL.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }