FOR IMMEDIATE RELEASE
Tshwane, 9 December 2024 – On 4 December the Pretoria High Court handed down its judgment in the landmark child and youth-led case African Climate Alliance & Others v Minister of Mineral Resources and Energy & Others, the “#CancelCoal” case. The Centre for Child Law (“the CLL / the Centre”) was an amicus curia (friend of the court) in the case and made submissions on children’s environmental rights and the duty of the state to uphold these rights when deciding to, in this case, approve a new coal-fired power station.
Judge Van der Westhuizen summarised the crux of the application as follows:
| “At heart was the South African Government’s plan to procure an additional 1500 megawatts of new coal-fired power stations, thus impacting upon the rights of current and future generations. Although the application was pointedly in respect of the health rights of children, the general effect of the intended procurement equally impacted on the health rights of the nation a whole”. |
The case arose in October 2019, when the Minister of Mineral Resources and Energy (“Minister”) published the final revised Integrated Resource Plan (“2019 IRP”), which set 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 the African Climate Alliance, Vukani Environmental Justice Movement, and GroundWork Trust, represented by the Centre for Environmental Rights, brought a combined constitutional challenge against the Minister’s and NERSA’s decisions. The applicants provided ample scientific evidence on the effects of climate change on children’s lives and rights. Eight young members of the African Climate Alliance between the ages of 13 and 25 years shared their personal experiences with the court, telling it how they and other children have been personally affected by climate change. These children and youth acted on their own behalf but also on behalf of all children and future generations, claiming their right to participate in democracy and act in the interest of their communities. The Minister and NERSA sought to defend their decisions and oppose the motion by the Applicants, arguing in particular in relation to children’s rights that 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.
The CCL, drawing from local but also foreign case law and international children’s rights, made arguments on the state’s constitutional duty to children, including:
- the duty to facilitate adapted and ongoing participation for children in climate-making decision-making processes;
- the duty to conduct specific impact assessments regarding potential harms to children and their rights (a child rights impact assessment)
- The duty to consider the best interests of children as paramount, and to consider the interests of future generations when interpreting the Bill of Rights.
The duty to spread the burden of climate change equally across older, current, and future generations (intergenerational equity).
The Court stated that:
| “…From the foregoing, it is clear that the said impugned decisions would impact negatively on the rights of children under section 24 and 28 of the Constitution in the absence of cogent facts to the contrary. In that regard, the first and second respondents, who bore the onus, did not discharge the obligation to show that, in the event that there would be limitations of the said rights, that such limitations were reasonable and justifiable.” |
The CCL welcomes the recognition of children’s rights to have their views and interests considered when environmental decisions that have an impact on their well-being are made and hopes that duty-bearers will act in accordance with these obligations.
The judgment is available HERE.
End.
#CancelCoal #GeneralComment26 #ClimateJustice
For more information and media queries, please contact:
| Karabo Ozah
Director, Centre for Child Law
|
Stanley Malematja
Attorney, Centre for Child Law 012 420 4502
|
