South African Court Decides State Cannot Require New Coal Power Plants

The High Court of South Africa has upheld a legal challenge against the government’s initiative to acquire 1,500 megawatts of new coal-fired power, declaring the plan unlawful due to its potential effects on public health.

According to Judge C.J. van der Westhuizen, the push for additional electricity generated from the most polluting fossil fuel in South Africa—known for having the highest carbon-intensive economy among the G20 nations—violates the constitutional right to health. This ruling was issued on Wednesday.

The legal case was brought forth by three environmental activist organizations against South Africa’s energy minister, the energy regulator, and President Cyril Ramaphosa, following the government’s announcement of its intentions in a 2019 energy plan that was ratified by the ministry in 2020.

The judge ruled that these decisions are “unlawful and invalid,” instructing the minister and regulator to cover the costs incurred by the complainants.

This represents another triumph for activists in the nation, who have previously secured rulings demanding that the government enforce regulations aimed at curbing pollution from coal combustion and limiting certain offshore oil explorations.

Nevertheless, South Africa’s energy infrastructure still depends heavily on coal, which supplies about 80% of its power, contributing to some of the poorest air quality globally. Pollution from coal leads to health issues ranging from respiratory problems to strokes and heart attacks, with the state-owned power utility, Eskom Holdings, acknowledging that its emissions result in hundreds of fatalities each year.

Upon the initial filing of the case, Energy Minister Gwede Mantashe asserted that obtaining the right to utilize coal for new power facilities was a battle worth pursuing in court.

Despite this, South Africa is moving forward with efforts to diminish its dependency on coal by sourcing more renewable energy and engaging in a $9.3 billion climate finance agreement with some of the wealthiest nations.

Mantashe, along with several other politicians, has voiced concerns that the transition to cleaner energy will threaten energy security and could lead to the loss of tens of thousands of jobs tied to the coal mining and burning sectors.

© 2024 Bloomberg

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