APPEAL RESPONSE REPORT DECISION

This document is an appeal response report filed by groundWork and Earthlife Africa, represented by the Centre for Environmental Rights, challenging decisions made by the National Air Quality Officer (NAQO) regarding Eskom Holdings SOC Ltd. The appellants argue that granting postponements and suspensions of compliance with Minimum Emission Standards (MES) for several coal-fired power stations in the Highveld Priority Area is unlawful and violates environmental laws and constitutional rights to health.

• The appellants challenge the decision to grant Majuba power station a postponement of compliance with the NOx new plant standard from 1 April 2020 to 31 March 2025 with a limit of 1300mg/Nm3. They argue this limit is "weaker than the existing plants standard for NOx, which is 1100mg" and constitutes a "blatant violation of Section 11D of the amended List of Activities", which prohibits postponements for existing plant standards.
• The decision to grant Kendal and Tutuka power stations postponements of compliance with the NOx new plant standard from 1 April 2020 to 31 March 2025 with a limit of 1100mg/Nm3 is contested as unlawful. The appellants state that because these stations are located in the Highveld Priority Area (HPA), the NAQO is barred from authorising such postponements according to paragraph 5.4.3.4 of the 2017 Framework.
• The appellants argue that the suspension of compliance granted to six 'old' power stations—Camden, Hendrina, Arnot, Komati, Grootvlei, and Kriel—is unlawful because Eskom failed to provide "detailed and clear decommissioning schedules". They claim the provided decommissioning table does not specify commencement dates, regulatory requirements for closure, or social and labour closure plans.
• The document asserts that Eskom's emissions contribute significantly to the high concentration of harmful air pollution in the Highveld Priority Area, specifically regarding the formation of secondary PM2.5 from combined SO2 and NOx emissions. The appellants claim this causes "increased health risk for a large part of the Highveld" and violates section 24 of the Constitution.
• The appellants requested condonation for filing the appeal 13 calendar days after the adjusted deadline. They cite delays in the communication of the decisions to interested and affected parties (I&APs), noting that decisions dated 30 October 2021 were only received by I&APs on 14 December 2021, just before the public holiday period.

APA

Centre for Environmental Rights (2021). APPEAL RESPONSE REPORT DECISION. https://cer.org.za/wp-content/uploads/2022/02/Appeal-Form-EskomMESPostponements_7-February-2022.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL RESPONSE REPORT DECISION. 2021. https://cer.org.za/wp-content/uploads/2022/02/Appeal-Form-EskomMESPostponements_7-February-2022.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPEAL RESPONSE REPORT DECISION |date=30 October 2021 |url=https://cer.org.za/wp-content/uploads/2022/02/Appeal-Form-EskomMESPostponements_7-February-2022.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2021appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL RESPONSE REPORT DECISION}}, institution = {Centre for Environmental Rights}, year = {2021}, month = oct, url = {https://cer.org.za/wp-content/uploads/2022/02/Appeal-Form-EskomMESPostponements_7-February-2022.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }