South African court blocks 1,500 MW of new coal plants over children's right to a healthy environment

South Africa’s Supreme Court of Appeal has dismissed the government’s appeal in the #CancelCoal case. That strikes down the plan to build 1,500 megawatts of new coal-fired power.

Children at the centre

A coalition of environmental organisations, represented by the Centre for Environmental Rights, took the plan to court. Their argument: more coal violates children’s constitutional right to a healthy environment.

The High Court had already sided with them: the plan breaches the right to an environment that is not harmful to health or well-being. Now the Supreme Court of Appeal has upheld that.

2,200 deaths a year

Air pollution from coal plants kills more than 2,200 South Africans every year, according to the plaintiffs, and causes thousands of cases of bronchitis and asthma.

The Minister of Electricity and Energy argued that more coal is needed to guarantee supply. The court did not accept that grid stability justified violating that right.

Not the end

“It does not mean a definitive end to the development of new coal-fired power,” warns Michelle Sithole, of the Centre for Environmental Rights. But the government will have to justify far better why it chooses coal. “Energy security should not come at the expense of people’s lives, health and well-being,” she adds.

The minister can still appeal to the Constitutional Court.

In Europe the legal fight is elsewhere: Brussels is considering a review of EU nature laws.