Issued by: Masifundise Development Trust
For immediate release
14 August 2026
On 14 August 2026, the South African Constitutional Court passed judgment on the landmark case Wild Coast Communities vs Shell that affirms communities that consultation is not just a process but an expression of human rights. This judgment comes after an unsatisfactory outcome in the Supreme Court of Appeal (SCA). While the SCA confirmed that the permit Shell sought to use for offshore oil and gas exploration off the Wild Coast was unlawfully granted, it left the door open for the Minister of Mineral Resources and Energy to renew that permit.
This prompted grassroot organisations and movements to mobilise by making history and taking the case to the constitutional court in September 2025 in defence of Wild Coast communities and their right to say no to oil and gas exploration. It should be noted that this case has been on since 2021, a testament to the ongoing organising and resilience of communities. This was noted by the Constitutional Court too, who recognised the ongoing efforts of fishing communities to be recognised and have their human and customary rights upheld.
The Constitutional Court ruled that Shell cannot reapply for exploration rights until the moratorium on new applications is lifted. This ruling effectively closes the door on any immediate attempt by Shell to revive its application, reinforcing the significance of the communities’ victory and ensuring that the flawed process cannot simply be repeated or fast-tracked while the moratorium remains in place.
This victory stands as a demonstration of resilience and resistance of communities. It shows the power of organising, mobilising and agitating can translate the struggle of fisherpeople into incredible victory. It is a great victory for Coastal Links South Africa, whose members actively took part in the ligation process. Across the coastline, Coastal Links continues to lead the fights for the human rights of fishing communities to be recognised and upheld.
Coastal Links members shared deep reflections on the judgment. Deputy Chair of Coastal Links in the Eastern Cape Zakhele Nkamisa from Port St Johns, said the judgment means a lot to everyone who lives in the coast, “Thank you to everyone who raised their knee and said, ‘Go home, Shell!” Maxwell Sazise from Kei Mouth said, “We applaud the Constitutional Court of South Africa for caring about the people living on the coast,” while Novoti Mshenxisi from Ngcinzela added that she’s ecstatic with the verdict: “I am very satisfied. We have fought well. Power to the people.” Together, their reflections capture what, for many along the coast, is a hard-won affirmation that their livelihoods, culture, and connection to the ocean finally mattered in the eyes of the law.
This historic judgement affirms what communities have long known that consultations are often treated as tick-a-box exercises. True consultation must reflect a deep affirmation of human dignity, recognising that communities carry generational knowledge that cannot be ignored.
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