The recent case in the Pretoria High Court over the invalidation of the government’s plans to add 1 500 megawatts of new coal-fired power stations to the national grid has sparked a crucial debate about environmental impact and children’s rights. The landmark decision, handed down last Wednesday, has upended the country’s energy plans and raised critical questions about environmental and human rights protections.
Judge Cornelius van der Westhuizen, who presided over the case, said the government’s 2020 decision to procure new coal-fired power stations was unlawful and invalid because it failed to adequately consider the impact on children’s rights, particularly their right to a healthy environment.
The plaintiffs, represented by the Centre for Environmental Rights, stressed the significance of the decision. Brandon Abdinor, Acting Head of the Pollution and Climate Change Programme at the Centre for Environmental Rights, said the decision sends a clear message that the harms caused by burning coal to generate electricity must be adequately and transparently addressed.
The case, led by the African Climate Alliance, Vukani Environmental Justice Movement in Action, groundWork and Friends of the Earth SA, against the former Minister of Mineral Resources and Energy and the National Energy Regulator of South Africa (Nersa), highlighted the importance of protecting the rights of current and future generations in the face of potential environmental and health harms from coal.
The Court’s decision also called into question the legality of the part of the 2019 Integrated Resource Plan that provides for this new coal generation. Evidence showed that the Minister had failed to adequately consider the impacts on children’s rights due to the environmental and health harms of burning coal to generate electricity.
The Court’s decision highlights the lack of transparency and documentation on the part of the State in its decision-making, thereby breaching its constitutional obligations. Judge Van der Westhuizen stressed that the decisions taken would have a negative impact on children’s rights in the absence of convincing facts suggesting otherwise.
This case is a significant legal victory for the protection of the rights of children and young people, as well as for the fight against the harmful effects of coal on health, the environment and the climate. It highlights the importance of transparency and accountability in decisions that impact future generations..
In conclusion, this case highlights the need to take into account environmental and health implications in policy decisions, particularly those concerning energy sources. It also highlights the importance of protecting the rights of children and young people in the face of the environmental and climate challenges they will face.