A critical legal perspective on seismic explorations in light of south africa’s just energy transition

Abstract

South Africa is a signatory to international agreements such as the Paris Agreement 2015, and has adopted a Climate Change Act 22 of 2024 and submitted revised Nationally Determined Contributions (NDC), committing itself to just energy transition (JET) objectives and giving meaningful effect to human rights in decision-making. However, a disjuncture exists between these commitments and the governance of energy resources. This is concerning considering that South Africa is in the top 15 of the biggest GHG emitters in the world and with the energy sector being one of the biggest sources of these emissions. Seismic explorations raise concerns about cumulative ecological risk, livelihoods of fishing communities, coastal cultural and traditional practices, and the distribution of burdens and benefits for communities already affected by energy poverty. In light of this, this study assesses to what extent the approval of offshore seismic exploration rights aligns with South Africa’s international and domestic climate change commitments within the context of the just energy transition (JET). Through a desktop legal doctrinal analysis of the Constitution of the Republic of South Africa, 1996, international and domestic climate laws and policy, selected environmental and energy laws and policy this study aims to assess to what extent the approval of offshore seismic exploration rights align with South Africa’s international and domestic climate change commitments within the context of the JET. This research is also informed by key case law developments such as Sustaining the Wild Coast NPC and Others v. Minister of Mineral Resources and Energy and Others, which dealt with whether a seismic survey infringed on communities’ rights relating to consultation, conservation, cultural and spiritual livelihood while also negatively contributing to climate change. The study recommends targeted domestic legislative and governance reforms to integrate climate, justice and JET considerations more explicitly into future offshore exploration decisions.