Civil society organisations Earthlife Africa Johannesburg and groundWork (“the Applicants”) have approached the Pretoria High Court to review and set aside decisions by the Minister of Forestry, Fisheries and Environment (“the Minister”) and the National Air Quality Officer (“NAQO”) granting Eskom permission to suspend or postpone compliance with the minimum emissions standards (MES) at 8 of its coal fired power stations.
The MES prescribes certain activities which are subject to a limit on the quantities of certain pollutants that may be emitted, including sulphur dioxide (SO2), particulate (PM) matter and oxides of nitrogen (NOx), all of which have well known and potentially severe, or even fatal, health impacts.
Eskom was granted suspensions of compliance with the MES, until 2030, for Camden, Hendrina, Arnot, Grootvlei and Kriel, old power stations which were generally intended to be retired between 2023 and 2027.
Bobby Peek, of groundwork, said “the problem is that Eskom appears to be doing this without thorough plans. Goalposts keep moving, and in addition to the ongoing health impacts, vulnerable workers are not having their futures adequately considered by decision-makers. A just transition needs to include practical and progressive measures to ensure that no one is left behind when plants are retired and decommissioned.”
Peek said one of the main grounds in the Applicant’s founding affidavit, is that Eskom has failed to provide clear and detailed decommissioning schedules as required by law.
Without these, the applicants argue, the Minister and NAQO would not be able to evaluate if sufficient precaution was taken, and if all risks and socio-economic impacts were adequately assessed.
Eskom also received postponements of compliance for its Majuba, Kendal, and Tutuka plants, allowing the utility to exceed limits of NOx, a pollutant known to cause damage to lung tissue and result in reduced lung function , as well as causes damage to vegetation and causing reduced crop yield.
Makoma Lekalakala of Earthlife Africa, said “against a backdrop of ongoing attempts to avoid compliance with air pollution laws, we see practical and tragic examples of how the system continues to fail, and literally sacrifices the health and lives people living near these coal fired power stations.”
The applicants are represented by the Centre for Environmental Rights, a not-for-profit law clinic.