South African court dismisses appeal over planned coal-fired power plants

Detailed summary

South Africa’s Supreme Court of Appeal has dismissed the government’s appeal against a ruling blocking 1,500 MW of new coal power.

The South African Supreme Court of Appeal recently dismissed the government’s appeal against a ruling that struck down plans for 1,500 megawatts of new coal-fired power.

The so-called #CancelCoal case was brought by a coalition of environmental NGOs that argued the new planned coal capacity violates children’s constitutional rights to a healthy environment. Already, air pollution from coal-fired power plants kills more than 2,200 South Africans each year and “causes thousands of cases of bronchitis and asthma,” according to a statement from the Centre for Environmental Rights.

The Minister of Electricity and Energy argued that additional coal capacity is necessary for energy security. A previous High Court judgment ruled against the plan “on the basis that it violates the right to an environment not harmful to health and well-being,” per the statement.

“The High Court further found that government’s arguments about grid stability offered by coal, was not sufficient justification for the violation of constitutional rights,” said Michelle Sithole in an email to Mongabay. Sithole is senior associate in the pollution and climate change program at the Centre for Environmental Rights, the group that represented the plaintiffs in the court case.

The Minister appealed the High Court decision. The recent Court of Appeal’s decision dismissed the Minister’s appeal, meaning the previous High Court decision stands.

“While this does not mean a definitive end to the development of new coal-fired power as part of the energy security policy, it does mean that government has a higher onus/standard to justify choosing coal for electricity,” Sithole said.

“Our and our clients’ position has been that there are cheaper, cleaner and more sustainable sources of energy. Energy security should not come at the expense of people’s lives, health and well-being. We would like government’s electricity plans to reflect that,” Sithole said.

Banner image: South African coal-fired power plant.

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