CENTRE FOR ENVIRONMENTAL RIGHTS/ ESKOM HOLDINGS SOC LIMITED: APPLICATION FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 – KENDAL COMPLIANCE NOTICE (ESKOM REF 0087 MAN)

This document is a formal response from Eskom Holdings SOC Ltd to the Centre for Environmental Rights (CER) regarding a request for information under the Promotion of Access to Information Act, 2000 (PAIA). The response details which records related to the Kendal power station compliance notice and general maintenance/decommissioning plans are granted, refused, or do not exist.

• Eskom granted full access to the compliance notice issued by the Green Scorpions to the Kendal power station on 10 December 2019, noting that the Department of Environment, Forestry and Fisheries (DEFF) considers such notices to be decisions under the Promotion of Administrative Justice Act (PAJA).
• Access to the maintenance plan for the Kendal power station, which was due by an extended deadline of 31 January 2020, was refused because the record does not exist. Eskom stated it has not yet submitted the plan to DEFF due to a suspension of the decision by the Minister and ongoing work to prepare the plan's review.
• Eskom refused access to its grounds for variation and suspension letter dated 2 January 2020, as well as other correspondence regarding compliance monitoring, citing PAIA section 44(1). The company argued these records contain accounts of ongoing consultations and deliberations that could frustrate the deliberative process.
• Access was granted to the DEFF response to Eskom's Kendal variation dated 7 January 2020 and the Minister's decision to suspend the compliance notice, as these are considered decisions under PAJA.
• Eskom provided a 'Station outage list dated 18 February 2020' in response to a request for an 18-month maintenance plan for its power generation fleet, stating this list was developed based on a philosophy shared by the GCEO with the Board.
• Eskom denied access to the latest decommissioning schedules, related assessments, and plans for each of its coal-fired power stations, stating that these records do not exist and providing an affidavit to that effect.

APA

Centre for Environmental Rights (n.d.). CENTRE FOR ENVIRONMENTAL RIGHTS/ ESKOM HOLDINGS SOC LIMITED: APPLICATION FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 – KENDAL COMPLIANCE NOTICE (ESKOM REF 0087 MAN). https://cer.org.za/wp-content/uploads/2020/05/Formal-Response-letter-Eskom-kendal-PAIA-ref-0087-Man.pdf?x21779

Chicago

Centre for Environmental Rights. CENTRE FOR ENVIRONMENTAL RIGHTS/ ESKOM HOLDINGS SOC LIMITED: APPLICATION FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 – KENDAL COMPLIANCE NOTICE (ESKOM REF 0087 MAN). n.d. https://cer.org.za/wp-content/uploads/2020/05/Formal-Response-letter-Eskom-kendal-PAIA-ref-0087-Man.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=CENTRE FOR ENVIRONMENTAL RIGHTS/ ESKOM HOLDINGS SOC LIMITED: APPLICATION FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 – KENDAL COMPLIANCE NOTICE (ESKOM REF 0087 MAN) |url=https://cer.org.za/wp-content/uploads/2020/05/Formal-Response-letter-Eskom-kendal-PAIA-ref-0087-Man.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndcentre, author = {{Centre for Environmental Rights}}, title = {{CENTRE FOR ENVIRONMENTAL RIGHTS/ ESKOM HOLDINGS SOC LIMITED: APPLICATION FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 – KENDAL COMPLIANCE NOTICE (ESKOM REF 0087 MAN)}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2020/05/Formal-Response-letter-Eskom-kendal-PAIA-ref-0087-Man.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }