Africa’s Blue Economy has become the continent’s next great frontier — a vision to unlock the vast economic potential of our oceans, coasts, and inland waters. But with every promise of growth comes a constitutional question:

Who benefits, who decides, and who ensures the process is fair?

WHEN PROSPERITY MEETS THE CONSTITUTION

South Africa’s Constitution doesn’t stop at the shoreline. Section 24 guarantees everyone the right to an environment that is not harmful to their health or well-being — and compels the State to protect that environment through reasonable legislative and other measures.

Yet, the expansion of deep-sea mining for minerals like cobalt and manganese — essential for renewable energy technologies — has exposed a tension between economic ambition and constitutional integrity.

These projects promise jobs and growth but also threaten biodiversity, marine ecosystems, and the livelihoods of coastal communities. The real challenge? Ensuring that the law keeps pace with technology and economic opportunity — without leaving constitutional principles behind.

THE CASE THAT REDEFINED BLUE JUSTICE

In Sustaining the Wild Coast NPC v Minister of Mineral Resources and Energy [2022] ZAECMKHC 52, the High Court didn’t just halt a seismic survey — it reaffirmed a constitutional truth: procedural fairness and meaningful consultation are not optional.

The Court found that the State’s failure to engage affected communities and respect cultural and environmental concerns violated the right to just administrative action under Section 33 and the Promotion of Administrative Justice Act 3 of 2000 (PAJA).

When the case reached the Supreme Court of Appeal in 2024, the judgment in Minister of Mineral Resources and Energy v Sustaining the Wild Coast NPC [2024] ZASCA 82 went further — confirming that consultation cannot be reduced to a tick-box exercise. It must be real, accessible, and capable of influencing the outcome.

WHY PROCEDURE IS POWER

In constitutional terms, procedure is substance.

Meaningful participation, environmental impact assessments, and public consultation aren’t bureaucratic delays — they are the mechanisms that give constitutional rights life. When procedural fairness is ignored, it’s not just administrative law that suffers — it’s the Constitution itself.

That’s why June Stacey Marks Attorneys advocates for what we call Blue Justice: a framework that balances environmental protection, economic growth, and equitable participation. It’s about ensuring that coastal communities are not spectators in the exploitation of their own resources.

FROM POLICY TO PRINCIPLE

South Africa’s environmental governance architecture — led by NEMA, the MPRDA, and PAJA — is evolving to integrate constitutional obligations with global sustainability frameworks like the UN Convention on the Law of the Sea (UNCLOS) and the African Charter on Human and Peoples’ Rights.

But these frameworks must speak to each other. The next step is a codified Blue Justice Protocol that harmonises climate-impact assessments, community consultation standards, and benefit-sharing obligations across African coastal states.

Only then can we say the ocean economy truly reflects constitutional justice — not extractive opportunism.

THE COURTROOM AS THE LAST REEF OF ACCOUNTABILITY

At June Stacey Marks Attorneys, we see constitutional litigation as the final reef — the protective barrier between unchecked power and public accountability.

Our firm is dedicated to ensuring that environmental governance in South Africa respects not just policy or profit, but principle.

Because when the State forgets the Constitution — we remind it.