The High Court of South Africa has affirmed a legal challenge against the government’s plan to acquire 1,500 megawatts of new coal-fired power, deeming the initiative unlawful due to its potential impact on public health.
Judge C.J. van der Westhuizen stated that the push for more electricity derived from coal—ranked as the most polluting fossil fuel in South Africa and recognized for having the highest carbon intensity among G20 economies—breaches the constitutional right to health. This ruling was made on Wednesday.
The legal action was initiated by three environmental advocacy organizations against South Africa’s energy minister, the energy regulator, and President Cyril Ramaphosa, following the government’s announcement in a 2019 energy strategy that was approved by the ministry in 2020.
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The judge determined that these actions are “unlawful and invalid,” ordering the minister and regulator to reimburse the costs incurred by the plaintiffs.
This marks another victory for activists in the country, who have previously succeeded in securing rulings that compel the government to implement regulations targeting pollution caused by coal burning and to restrict certain offshore oil explorations.
Nonetheless, South Africa’s energy infrastructure continues to rely heavily on coal, which accounts for about 80% of its electricity, contributing to some of the worst air quality in the world. Emissions resulting from coal lead to various health problems, including respiratory diseases, strokes, and heart attacks, with the state-owned utility, Eskom Holdings, acknowledging that its emissions contribute to hundreds of deaths each year.
At the outset of the case, Energy Minister Gwede Mantashe claimed that securing the right to use coal for new power plants was a worthwhile legal battle.
Despite this, South Africa is making strides to reduce its reliance on coal by investing in more renewable energy sources and engaging in a $9.3 billion climate finance agreement with several of the wealthiest nations.
Mantashe, along with various political figures, has expressed concerns that the shift to cleaner energy could jeopardize energy security and potentially result in the loss of tens of thousands of jobs associated with the coal mining and combustion industries.
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