High Court’s Landmark Decision
South Africa’s High Court has made a crucial ruling against the government’s plan to introduce an additional 1,500 megawatts of coal-fired power to the national electricity grid. In a groundbreaking climate case, Judge Cornelius van der Westhuizen declared the plan unlawful and invalid, citing the government’s failure to adequately consider how it would affect children’s rights to a healthy environment. This decision marks a significant win for youth advocacy groups fighting against the detrimental impacts of coal power.
Youth-Driven Legal Action
The “Cancel Coal” case was spearheaded by three youth-led organizations: the African Climate Alliance (ACA), the Vukani Environmental Justice Movement in Action (VEM), and the Groundwork Trust, which was supported by the Centre for Environmental Rights (CER). Initiated three years ago, the case claimed that the government’s energy policy violated multiple sections of South Africa’s constitution. With coal burning being one of the biggest contributors to climate change, the organizations highlighted its alarming health consequences, estimating over 2,200 annual deaths caused by coal-fired power stations in the country.
Health Impact and Community Voices
Activists like Mbali Mathebula from VEM have shared firsthand accounts of the extensive pollution from coal mining, emphasizing its devastating effects on community health. “Coal is affecting members of the community’s health and comfort… The Cancel Coal case is a last resort; we are saying there should be no new coal power, it is too destructive,” Mathebula stated, illustrating the ongoing health crises, including cancer and respiratory issues, that plague many South Africans living near coal operations.
Court’s Eloquent Findings
In its ruling, the High Court emphasized that the government ignored the potential consequences of adding new coal power on future generations. The judgment pointed out that the government failed to consider the environmental and health impacts, particularly for children, thus violating its constitutional duties. The court deemed the decisions made by both the Minister of Mineral Resources and Energy, Gwede Mantashe, and the National Energy Regulator of South Africa (NERSA) as unconstitutional and ordered them to cover the legal costs associated with the case.
Setting a Precedent for Future Action
The successful Cancel Coal case establishes a vital precedent for future legal efforts aimed at halting projects harmful to the environment. This ruling reinforces South Africa’s constitutional obligation to provide a healthy environment for children and young people, who often bear the brunt of climate impacts. “This High Court ruling is a significant legal victory… and a testament to the efforts of those who’ve been working hard on this case over the past three years,” remarked Sibusiso Mazomba from ACA, indicating that while this victory is crucial, more work is needed to fully uphold these rights and safeguard the country’s environmental future.
SOURCE: Ref Image from Ground Work
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