South African Court Declares State Lacks Authority to Mandate New Coal Power Plant Construction

The High Court of South Africa has affirmed a legal challenge against the government’s strategy to procure 1,500 megawatts of new coal-fired power, labeling the initiative unlawful due to its potential consequences for public health.

In her verdict, Judge C.J. van der Westhuizen remarked that the initiative to increase electricity production from the most polluting fossil fuel in South Africa, which has the highest carbon intensity among G20 countries, violates the constitutional right to health. This decision was made public on Wednesday.

The legal challenge was brought forth by three environmental advocacy organizations against South Africa’s energy minister, the energy regulator, and President Cyril Ramaphosa, following the government’s announced intentions in a 2019 energy plan, which received ratification from the ministry in 2020.

The judge declared these decisions “unlawful and invalid,” instructing the minister and regulator to reimburse the complainants for the expenses they incurred.

This ruling represents another triumph for activists within the country, who have previously secured rulings that require the government to enforce regulations aimed at lowering pollution from coal burning and limiting certain offshore oil explorations.

Nevertheless, South Africa’s energy infrastructure largely depends on coal, which generates approximately 80% of its electricity, contributing to some of the worst air quality globally. Pollution from coal is responsible for health issues ranging from respiratory diseases to strokes and heart attacks, with the state-owned power utility, Eskom Holdings, admitting that its emissions cause hundreds of deaths each year.

When the case was initially filed, Energy Minister Gwede Mantashe asserted that gaining the right to use coal for new power facilities was a legal conflict worth pursuing.

Despite this, South Africa is making strides to diminish its reliance on coal by expanding its renewable energy sources and entering into a $9.3 billion climate finance agreement with some of the world’s wealthiest nations.

Mantashe, along with several other politicians, has voiced concerns that the transition to cleaner energy could compromise energy security and possibly lead to the loss of tens of thousands of jobs in the coal mining and combustion industries.

© 2024 Bloomberg

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