The High Court of South Africa has ruled 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 drive for additional electricity from coal—South Africa’s most polluting fossil fuel, which ranks highest in carbon intensity among G20 nations—violates the constitutional right to health. This ruling was delivered on Wednesday.

The lawsuit was initiated by three environmental activist organizations against South Africa’s energy minister, the energy regulator, and President Cyril Ramaphosa, following the government’s announcement in a 2019 energy plan ratified by the ministry in 2020.

The judge determined that these decisions are “unlawful and invalid,” ordering the minister and regulator to reimburse the costs incurred by the complainants.

This ruling marks another victory for activists in the country, who have previously achieved decisions requiring the government to implement regulations to reduce pollution from coal combustion and to restrict certain offshore oil explorations.

Despite this, South Africa’s energy infrastructure remains heavily reliant on coal, which accounts for approximately 80% of its power supply, leading to some of the poorest air quality worldwide. Pollution from coal contributes to various health issues, including respiratory problems, strokes, and heart attacks, with the state-owned power utility, Eskom Holdings, admitting that its emissions result in hundreds of deaths annually.

When the case was first filed, Energy Minister Gwede Mantashe claimed that the fight to secure the right to use coal for new power facilities was a necessary legal battle.

Nonetheless, South Africa is making strides to reduce its reliance on coal by increasing its renewable energy sources and entering into a $9.3 billion climate finance agreement with some of the wealthiest countries.

Mantashe, alongside other politicians, has expressed concerns that the shift to cleaner energy might jeopardize energy security and could result in the loss of tens of thousands of jobs related to coal mining and combustion.

© 2024 Bloomberg

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