Timeline of the Wild Coast Shell Case

This timeline outlines the key legal developments in the Wild Coast Shell case, tracing the matter from the first urgent court application in 2021 through to the Constitutional Court proceedings in 2025.

December 2021

Wild Coast communities approach the Makhanda High Court seeking urgent relief to stop Shell and Impact Africa from conducting offshore seismic surveys. Communities argue that they were not properly consulted and that the survey threatens marine life, livelihoods, culture and spiritual practices.

28 December 2021

The Makhanda High Court grants an interim interdict preventing Shell from proceeding with the seismic survey pending the outcome of a full judicial review. The Court finds that potential financial losses to Shell cannot outweigh the constitutional rights of affected communities.

September 2022

The Makhanda High Court rules that the exploration right was granted unlawfully and sets it aside entirely. The Court finds that:

  • Affected communities were not properly notified or consulted
  • The rights to livelihoods, food, culture and spiritual practice were not adequately considered
  • Climate change impacts were not properly considered
  • Legal obligations under the Integrated Coastal Management Act were not complied with

2023 – 2024

The Supreme Court of Appeal upholds the High Court judgment, confirming that the exploration right was granted unlawfully. The Constitutional Court dismisses Shell and Impact Africa’s attempt to overturn the findings relating to the unlawfulness of the exploration right.

September 2025

The Constitutional Court hears the remaining issue in the matter: whether the Minister may still consider renewing an exploration right that has already been declared unlawful by the courts.

Judgment is reserved.