ACA is one of three applicants in the Cancel Coal court case together with Vukani Environmental Movement and groundWork. This is the first time in South African history, that youth have led on a climate change court case against the government! The case, which is being represented by the Center for Environmental Rights, was officially launched in November 2021 after almost a year of preparation. Read about the launch here.
On 1 February 2022 we released another public update on the case after Minister of Mineral Resources and Energy, Gwede Mantashe, and the National Energy Regulator of South Africa (NERSA) officially responded to state that they will be opposing the cancel coal court case in court.
In April we as the applicants filed a rule 30A application against Minister Mantashe. This is a separate smaller court application to force the Minister and NERSA (by order of court) to provide us with the outstanding record documents that they have failed or refused to provide which are necessary for the case to proceed.
In May Minister Mantashe has stated that he also intends to oppose our application to get all the documentation needed. This is no surprise and can be seen as an obstructive tactic to delay the case. We will, however, be proceeding with the appropriate course of action against the Minister.
NERSA on the other hand had requested that we give it an undertaking that we would not pursue an order against it. NERSA stated that it had provided us with complete records despite not providing us with all of the documents we had requested nor providing us with an affidavit stating that these documents do not exist. So whilst we will not be taking further action against NERSA it does highlight questions around the lawfulness of NERSA supporting Minister Mantashe in his decision to allow for the procurement of new coal in our IRP.