FOR IMMEDIATE RELEASE
8 October 2024
On 9 – 10 October 2024, the Pretoria High Court will hear parties in the landmark African Climate Alliance & Others v Minister of Mineral Resources and Energy & Others, the “#CancelCoal” case. The Centre for Child Law (“the CLL / the Centre”) will submit arguments as a friend of the court (“amicus curiae/ amicus”) to provide insights on children’s environmental rights developments, articulate cross-cutting principles and highlight the State’s obligations in fulfilling those rights.
Background
In October 2019, the Minister of Mineral Resources and Energy (“Minister”) published the final revised Integrated Resource Plan (“2019 IRP”), which sets out plans for 1500 MW of new coal-fired power capacity. The National Energy Regulator of South Africa (“NERSA”) concurred with the Minister’s determination for new generation capacity, including 1500 MW of coal power capacity.
In 2021, following several correspondences between the Ministry, NERSA and the Centre for Environmental Rights (“CER”), representing the applicants regarding this determination, the African Climate Alliance, Vukani Environmental Justice Movement and GroundWork Trust (“Applicants”) brought a combined constitutional challenge at the and review against three decisions:
- The 2019 IRP, published by the Minister on 18 October 2019, provides for 1500MW of new coal-fired power to be added to the grid between 2023 and 2027;
- The determination published by the Minister on 25 September 2020 (Minister’s determination), exercising his powers under section 34 of the Electricity Regulation Act 4 of 2006 (ERA), which seeks to give effect to the IRP decision on new coal-fired power; and
- The decision by NERSA to concur with the Minister’s determination was made public on 10 September 2020 (NERSA’s concurrence).
The Minister and NERSA (“Respondents”) sought to defend their decisions and oppose the motion by the Applicants, arguing that:
- The IRP is not an administrative action and is thus not reviewable under PAJA because the Minister’s powers to compile and publish the IRP are not derived from the ERA. The Minister’s powers to do so are policy-making powers as the executive authority responsible for energy;
- There is no limitation of rights. The applicants have failed to submit evidence on how the IRP and the determination reflect decisions that were taken without considering these interests.
- There is no evidence that the IRP and the determination have affected or have the potential to affect the rights of children nor does it have the potential of affecting the rights to life and human dignity, as well as the right to water, healthcare and food.
- There is a legitimate purpose in the introduction of the 1500MW of coal-fired power and therefore it is not just and equitable for the Court to interfere with the government’s planning at this stage.
Submission by the Centre for Child Law
This case is brought by children and youth, who act in their own interests, as well as children as a group, and in the interests of future generations, giving effect to their right to be heard in all matters which affect them, including judicial and political matters.
The Centre, in support of the Applicants, will submit arguments and insights to assist the court regarding the child rights affected by this case, as well as the state’s and court’s constitutional duty to children in the protection and promotion of their rights:
- A synopsis of the relevant cross-cutting principles, including the best interests of the child, child participation / the right to be heard, intergenerational equity, and the precautionary rule on the interpretative exercise that needs to be embarked upon by the court in its assessment of the issues before it;
- International and regional legal frameworks concerning children’s constitutional rights and the environment will be succinctly unpacked;
- Notable jurisprudential developments regarding children and the environment will be highlighted and discussed. This discussion will demonstrate the growing trend locally and internationally regarding the obligations of governments.
Importance of this case
The #CancelCoal campaign is a child and youth-led campaign which calls for the end of new coal in South Africa. The introduction of 1500 MW of new coal-fired power electricity is equivalent to four large power plants. The proposed new coal development threatens the health and well-being of the present and future generations. This includes the right to a healthy environment, the best interests of the child, and the right to life, dignity, and equality. These human rights violations will especially affect children, women, people with disabilities and the elderly.
According to the campaign, the four key areas of concern:
Health: Those who live on the coal front are already suffering extreme health problems because of poor air quality around coal plants. 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. This costs the country more than R30 billion annually, through hospital admissions and lost working days.
*Read the Centre’s research report on Children’s Environmental Rights and Climate Justice in South Africa: Impacts of Coal-Related Air Pollution here.
Climate Change: Coal is a major contributor to climate change, driving extreme weather events that threaten children’s enjoyment of their rights. We have a responsibility to current and future generations to reduce emissions and embrace sustainable energy solutions.
Economy: 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. Renewable energy projects are cheaper, more sustainable and can be deployed quickly to meet our immediate electricity needs.
Jobs: People who work coal jobs are increasingly under threat of retrenchments and are also forced to work under very unhealthy conditions. Future renewable energy and other green economy jobs can create even more opportunities for workers than future coal jobs – if planned carefully.
*Read more about the #CancelCoal campaign here.
The case will be heard at the Pretoria High Court on 9 – 10 October 2024 from 10h00, SAT.
End.
#CancelCoal #GeneralComment26 #ClimateJustice
For more information and media queries, please contact:
Karabo Ozah
Director, Centre for Child Law
karabo.ozah@up.ac.za
Stanley Malematja
Attorney, Centre for Child Law
stanleymalematje@up.ac.za
+27 (0)12 420 4502/ +27 (0)84 906 573
Liesl Muller
Attorney, Centre for Child Law
liesl.muller@up.ac.za
+27 (0)12 420 4502
