Government Moves To Resolve Offshore Exploration Appeals To Avoid Regulatory Decision Paralysis

“This decision is intended to avoid any further ‘decision paralysis’," said the minister.

"We have a legal and constitutional obligation to take decisions that promote inclusive economic growth and job creation, without compromising our constitutional mandate of protecting our environment.”

Numerous appeals were lodged with the minister following the granting of environmental authorisations issued under the National Environmental Management Act, 1998 (NEMA), for offshore activities involving exploration drilling and seismic surveys along South Africa’s west and south coasts.

These appeals were lodged in terms of section 43 of NEMA.

Aucamp reviewed the legality and implications of the interim decisions to defer these appeals pending the outcome of court proceedings.

This review was undertaken in light of the statutory framework governing environmental appeals, including NEMA, the National Appeal Regulations and the Promotion of Administrative Justice Act, 2000 (PAJA), as well as the constitutional obligation on government to perform its duties diligently and without undue delay.

“Upon reviewing the deferral, I have come to the conclusion that it would not be reasonable or procedurally fair to continue postponing the appeals.

"Allowing the matters to remain suspended pending lengthy litigation may stall decision-making within the environmental governance system,” Aucamp said.

To ensure an independent and thorough assessment of the issues raised, an appeal panel will be appointed in terms of the National Appeal Regulations to consider the appeals and provide recommendations to the minister.

Aucamp has emphasised that the appeal process is a critical safeguard within South Africa’s environmental governance system, ensuring that environmental decisions are subject to scrutiny and that the rights and legitimate expectations of all affected parties are respected.