SECTION27 representing the Vaal Environmental Justice Alliance (VEJA) appeared as amicus curiae (friend of the court) in the groundbreaking constitutional case that seeks to halt the government’s plan to procure 1 500 MW of new coal-fired power as stipulated in its 2019 Integrated Resource Plan. The African Climate Alliance (ACA), Vukani Environmental Justice Movement in Action (VEM) and the groundWork Trust, represented by the Centre for Environmental Rights (CER) brought the application against the Minister of Resources and Energy and others, at the Gauteng North High Court which heard the case on 9 and 10 October 2024. The applicants object to government’s plan on the basis that the Minister failed to consider the adverse impact of the use of coal in energy production on various constitutional rights.
VEJA, a non-profit voluntary association with its members located in the heavily polluted Vaal Triangle area, is well versed on the extent of pollution in the Vaal, and its impact on the health of their community. The submissions on behalf of VEJA focused on pollution and environmental injustice in the context of industrial development. Using the lived experiences of some of those affected by pollution in the Vaal, our arguments highlighted how the additional coal-fired power is anticipated to significantly worsen air quality and infringe on the right to health particularly for vulnerable groups such as black women and children. The implications of the government’s decision directly contradict section 24 of the Constitution, which guarantees the right to an environment that is not harmful to health and well-being. The potential health risks and environmental degradation associated with this project, which is the equivalent of three to four large power plants, represent an unjustifiable limitation of these constitutional rights, particularly in the face of alternative cheaper and safer means of power production.
Furthermore, our intervention sought to demonstrate that the decision to proceed with this coal plant was made without adequately considering implications for public health, gender equality, and the rights of the most affected individuals. SECTION27 argued that the construction of an additional coal powered plant would result in a significant increase in pollution wherever it is produced. This will severely impact the health of all people living near the new coal-fired power station. Moreover, the harm will be gendered, which triggers the equality right in section 9 of the Constitution. The impact on the rights to health and equality was not considered when arriving at the decision to build a new 1 500 MW coal-fired plant. This renders the decision an unjustifiable limitation to the socio-economic rights of the most vulnerable and it is therefore unlawful and invalid.
Coal burning is the largest contributor to global climate change and poses serious health threats due to air and water pollution. The South African government’s proposal to add 1 500 MW of new coal-fired power is not only costly but is an unacceptable infringement on constitutional rights.
At the end of the proceedings, judgment was reserved. As we await the judgment, VEJA, alongside other civil society organisations, will continue to uphold the rights of affected communities and advocate for a sustainable and just energy transition that is centred on social justice and human rights.
For media queries contact:
Pearl Nicodemus | nicodemus@section27.org.za | 082 298 2636
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