DailySun
The High Court of South Africa has confirmed a legal challenge against the government’s plan to acquire 1,500 megawatts of new coal-fired power, ruling the initiative as unlawful due to its potential impact on public health.
Judge C.J. van der Westhuizen stated that the demand for more electricity generated from South Africa’s most pollutive fossil fuel—recognized for having the highest carbon intensity among G20 nations—violates the constitutional right to health. This decision was made public on Wednesday.
The case was initiated by three environmental activist groups against South Africa’s energy minister, the energy regulator, and President Cyril Ramaphosa, following the government’s announcement in a 2019 energy plan that was formalized by the ministry in 2020.
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The judge determined that these actions are “unlawful and invalid,” directing the minister and regulator to bear the costs incurred by the plaintiffs.
This marks another victory for activists in the country, who have previously achieved legal rulings compelling the government to implement regulations aimed at reducing pollution from coal use and restricting certain offshore oil exploration activities.
However, South Africa’s energy framework still relies heavily on coal, which provides roughly 80% of its power, contributing to some of the worst air quality in the world. Coal pollution is linked to a range of health issues from respiratory illnesses to strokes and heart conditions, with the state-owned power utility, Eskom Holdings, admitting that its emissions cause hundreds of deaths annually.
At the onset of the case, Energy Minister Gwede Mantashe maintained that pursuing the right to use coal for new power plants was a worthwhile legal battle.
Nevertheless, South Africa is progressing with efforts to reduce its reliance on coal by increasing renewable energy sources and entering into a $9.3 billion climate finance agreement with some of the wealthiest nations.
Mantashe, along with several other politicians, has expressed worries that the shift to cleaner energy could jeopardize energy security and result in the loss of tens of thousands of jobs associated with the coal mining and burning industries.
© 2024 Bloomberg
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