Landmark case to stop new coal heard in court
Activists gather outside of Pretoria High Court. All Images courtesy of Julia Evans via Daily Maverick
After three years of litigation, youth activists got their day in the Pretoria High Court on 9 and 10 October in a landmark case against the government to stop building any new coal plants.
Applicants demanded that the state not build any more coal power plants, specifically challenging its plans to introduce 1,500 MW of new coal-fired power.
Air pollution from coal-fired power stations kills more than 2,200 South Africans every year.
Struggling to breathe, missing school, declining mental health, and wondering what kind of future they are destined for — this is the reality of young people in South Africa’s coal affected communities. For the first time in South African history, young activists have lead a class action climate change court case demanding the government halt the development of new coal.
They argued that building new coal power plants is a constitutional violation. Section 24 of the constitution states that everyone has the right to have the environment protected, for the benefit of present and future generations.
It’s not only young people that will benefit from an end to new coal. New coal is expensive to build, will drive up the cost of electricity, pollute air, contribute to job precarity, and accelerate climate change.
Environmental lawyers at Centre for Environmental Rights represented the three applicant organisations in the Cancel Coal case — African Climate Alliance, Vukani Environmental Movement, and groundWork. The case has specifically challenged the South African government’s plans to introduce 1,500 MW of new coal-fired power electricity - the equivalent of three to four large power plants. After a three year litigation, the case was heard by the Pretoria High Court on 9 and 10 October 2024 and is now awaiting judement.
Court Case Affidavit Writer Quotes
"My children and I are always sick and their asthma worsens because of the dirty air. My 7-year-old daughter often misses school because she is too sick from the pollution. She is scared that she will be sick for the rest of her life and won't be able to go to school like other children." — Mbali, Emalahleni
“Here, in the ‘City of Coal’, the air is dirty, the roads are not tarred, the water is polluted and many people are unemployed. The coal mines and coal fired power stations are not helping us with anything. They are just making us sick.” — Musawenkosi, Emalahleni
Key Data
According to the Centre for Research on Energy and Clean Air, air pollution from coal-fired power stations kills more than 2,200 South Africans every year and causes thousands of cases of bronchitis and asthma in adults and children annually.
Building new coal plants will take years and be very expensive to build and maintain. This will drive up the cost of electricity for everyone.
Coal is a major contributor to climate change, driving extreme weather events that threaten our way of life.
According to an Expert Report by Nicolas King that examines what life in southern Africa will look like if we continue on the current “worst case scenario” climate trajectory, South Africa will suffer enormous negative physical, socio-economic and ecological impacts, under all scenarios. These will include extreme heat stress, extreme weather events, including storms, flooding and droughts, sea-level rise and coastal damage, crop failures and food insecurity, water stress, disease outbreaks, various forms of economic collapse and social conflict and mass migration to informal settlements around urban areas. All of these impacts together will dramatically alter the lives and prospects for today and tomorrow’s youth.
According to an Expert Report by Dr Garret Barnwell, climate change has profound adverse mental health implications for those living in South Africa. Climate change exposures lead to well-understood psychopathologies, including anxiety, depression, suicide, interpersonal violence, decreased work productivity, and increased hospitalisation, amongst others.
Contact Information
For media coverage, interviews, or press, please contact Stephan Lombard stephan.lombard@gsccnetwork.org +27 84 444 3593
Website: cancelcoal.org.za
