ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004

The Life After Coal campaign (LAC) has formally objected to Eskom's attempts to secure exemptions from the Minimum Emission Standards (MES), asserting that such exemptions are prohibited under section 59 of the Air Quality Act (AQA). The LAC argues that Eskom, as South Africa's largest air polluter, cannot be legally exempt from national emission standards, and that granting such exemptions would undermine the rule of law, harm public health, and set a dangerous precedent for future climate change legislation.

• The Life After Coal campaign objects to Eskom applying for exemptions from the Minimum Emission Standards (MES) for 14 of its 15 coal-fired power stations, including Medupi, Matimba, and Highveld stations.
• The LAC contends that exemptions from the MES are legally impermissible because the MES are national emission standards falling under section 9 of the Air Quality Act (AQA), and section 59(1)(b) of the AQA explicitly prohibits exemptions from section 9.
• Eskom is identified as the largest air polluter in South Africa, with its coal-fired power stations located in three priority areas: the Vaal Triangle Airshed Priority Area (2006), the Highveld Priority Area (2007), and the Waterberg-Bojanala Priority Area (2012).
• The LAC argues that granting MES exemptions would create a regressive precedent, potentially encouraging other industrial players to seek similar exemptions and undermining the future implementation of the Climate Change Act regarding greenhouse gas (GHG) emission limits.

APA

Centre for Environmental Rights (2020). ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004. https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779

Chicago

Centre for Environmental Rights. ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004. 2020. https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 |date=3 November 2020 |url=https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2020eskoms, author = {{Centre for Environmental Rights}}, title = {{ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004}}, publisher = {Centre for Environmental Rights}, year = {2020}, month = nov, url = {https://cer.org.za/wp-content/uploads/2021/04/CER-letter-to-Minister-Creecy_Eskom-MES-Exemptions_3-November-2020.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }