David versus Goliath? Indigenous people, carbon majors and climate litigation in South Africa

Abstract

In two recent South African cases, Indigenous communities successfully challenged proposed fossil fuel exploration activities by the Shell petroleum company off South Africa's pristine West Coast. In contrast to earlier climate litigation cases in South Africa, the litigants relied specifically on their Indigenous rights and knowledge. In this case note, we highlight the ways in which the two courts engaged with the communities' cultural beliefs and practices as well as their knowledge related to sustainability and how this relates to protecting their livelihoods, cultural practices and identities that are threatened by the proposed activities. We highlight the important role played by Indigenous communities in the climate movement and argue that, in the future, Indigenous and related considerations could provide a strong basis for climate litigation in South Africa and potentially contribute to efforts to protect Indigenous communities against the activities of carbon majors.