Youth Activists Challenge Coal Expansion in South Africa's Supreme Court

Outside the Supreme Court of Appeal (SCA) in Bloemfontein, a chorus of voices filled the air on August 19, as activists united in their fight against coal expansion in South Africa. Groups such as the African Climate Alliance, Vukani Environmental Justice Movement in Action, and groundWork rallied to challenge the government's proposed increase in coal-fired electricity generation.

This court battle, known as the #CancelCoal case, stems from a previous ruling in which the Gauteng High Court found that the government had neglected to consider the impact of new coal projects on children's constitutional rights. Judge Cornelius van der Westhuizen's landmark judgment declared the government's plan for 1,500 megawatts (MW) of new coal generation as unconstitutional.

As the current Minister of Energy and Electricity, Kgosientsho Ramokgopa, seeks to overturn this ruling, youth climate leaders argue that the government's appeal is not just about energy policy but fundamentally about their future. Sibusiso Mazomba of the African Climate Alliance stated, "It’s really an appeal against a liveable future for young people everywhere in South Africa."

While the government leans on the Integrated Resource Plan (IRP 2019) as the basis for its appeal, an updated plan (IRP 2025) has been introduced that omits any mention of new coal capacity. Despite this shift, Mazomba notes that the original legal determination from IRP 2019 remains effective, allowing the government to pursue fossil fuel expansion.

The government's contention centers around claims of errors in the High Court's ruling, suggesting that the requirement for child-focused consultations misapplies constitutional law. They argue that new coal stations are essential for maintaining a stable power grid, which is crucial for children's health and education. However, Mazomba emphasized that the Constitution prioritizes children's rights in all decision-making processes involving energy.

Critics of the government's stance, represented by the Centre for Environmental Rights (CER), outlined several flaws in the appeal. They argue that failing to prioritize children's interests violates Section 28 of the Constitution and that the state provided insufficient evidence supporting claims of clean coal technology. Additionally, they pointed out the economic irrationality of coal, given the lower costs associated with renewable energy sources.

Research has revealed the dire consequences of coal reliance on young South Africans, particularly in the Coal Belt region. Reports indicate that children are more vulnerable to climate-related health issues, with studies predicting thousands of premature deaths and cases of childhood asthma linked to coal pollution.

As the SCA prepares to deliver its judgment, the outcome of this case is poised to significantly impact both environmental accountability and the rights of future generations in South Africa.

Source: www.dailymaverick.co.za