cer-coct-amicus-intervention-aba19a49d5e48f53.pdf

This document is a legal application by the Centre for Environmental Rights (CER) to be admitted as amicus curiae in a High Court case between the City of Cape Town, the National Energy Regulator of South Africa (NERSA), and the Minister of Energy. The CER seeks to provide expert legal and technical submissions on the Constitutional obligations of the state and local government to protect the environment and promote a transition from coal-fired power to renewable energy. The application includes supporting affidavits and several annexed reports detailing the health, environmental, and economic impacts of coal-fired electricity generation in South Africa, as well as the feasibility of a low-carbon energy transition.

• The Centre for Environmental Rights (CER) applied to be admitted as amicus curiae to advance submissions on the Constitutional obligations of government, specifically local government, to protect and promote the right to an environment not harmful to health and wellbeing.
• Coal-fired power generation is a primary source of air pollution in South Africa, particularly in the Mpumalanga Highveld region. According to the Department of Environmental Affairs' Air Quality Management Plan for the Highveld Priority Area, coal-fired power generation contributes 73% of harmful oxides of nitrogen and 82% of harmful sulphur dioxide emissions to the region's ambient air.
• Air pollution from Eskom's coal-fired power stations is linked to approximately 2,239 attributable deaths annually across South Africa, with associated health costs estimated at USD 2.37 billion per year.
• Coal-fired power generation contributes to 40% of South Africa's total greenhouse gas (GHG) emissions based on the latest Greenhouse Gas Inventory (base year 2000).
• Coal mining and power generation are significant water consumers and polluters. Coal mining consumes 5% and power generation consumes 2% of South Africa's water. Regionally, power generation accounts for 37% of water use in the Upper Olifants.
• Modelling by the Energy Research Centre (ERC) and CSIR indicates that a transition to renewable energy is cost-efficient and feasible. A least-cost electricity plan for South Africa is found to contain only solar PV, wind, and gas.
• The ERC's analysis suggests that by 2030, renewables (wind, solar, micro-hydro, and biomass) could produce 42% of electricity, increasing to 90% by 2050.
• The inclusion of coal Independent Power Producers (IPPs), specifically the Thabametsi and Khanyisa projects, is found to be unnecessary for meeting demand and would increase total discounted system costs by between R16.4 billion and R27.99 billion.
• The South African Local Government Association (SALGA) argues that the current regulatory environment inhibits the energy transition and that local governments should be empowered to procure their own power.
• The National Climate Change Response White Paper identifies South Africa as extremely vulnerable to climate change, noting that increased frequency and intensity of extreme weather events will disproportionately affect the poor.
• The Fynbos biome in southwestern South Africa is projected to lose 20% of its suitable climate area under 1°C, 45% under 2°C, and 80% under 3°C of global warming compared to 1961-1990.

APA

Centre for Environmental Rights (n.d.). cer-coct-amicus-intervention-aba19a49d5e48f53.pdf. https://cer.org.za/wp-content/uploads/2019/05/CER-COCT-Amicus-Intervention.pdf?x21779

Chicago

Centre for Environmental Rights. cer-coct-amicus-intervention-aba19a49d5e48f53.pdf. n.d. https://cer.org.za/wp-content/uploads/2019/05/CER-COCT-Amicus-Intervention.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=cer-coct-amicus-intervention-aba19a49d5e48f53.pdf |url=https://cer.org.za/wp-content/uploads/2019/05/CER-COCT-Amicus-Intervention.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndcercoctamicusinterventionaba19a49d5e48f53pdf, author = {{Centre for Environmental Rights}}, title = {{cer-coct-amicus-intervention-aba19a49d5e48f53.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/05/CER-COCT-Amicus-Intervention.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }