APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015

The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network, filed an appeal on May 20, 2015, against the atmospheric emission licence (AEL) issued to Eskom's Camden Power Station. The appeal argues that the Gert Sibande District Municipality failed to consider the severe health impacts and poor air quality of the Highveld Priority Area (HPA) when granting emission limit postponements that allow pollutants to exceed national minimum emission standards (MES).

• The appellants argue that the AEL for Camden Power Station permits emissions that significantly exceed the national Minimum Emission Standards (MES). Specifically, the AEL allows NOx emissions of 1300mg/Nm3 from April 1, 2015, to March 31, 2020, compared to the MES of 1100mg/Nm3, and allows SO2 emissions of 3500mg/Nm3 from April 1, 2020, which is seven times the MES of 500mg/Nm3.
• The Highveld Priority Area (HPA), where Camden is located, suffers from severe air quality non-compliance. Industrial sources contribute 89% of PM10, 90% of NOx, and 99% of SO2 emissions in the region. Power generation specifically accounts for 12% of PM10, 73% of NOx, and 82% of SO2 emissions.
• A health impact assessment cited in the appeal estimates that emissions from Eskom's coal-fired plants cause approximately 2,200 premature deaths annually due to PM2.5 exposure. If the requested postponements are granted, it is projected that an additional 20,000 premature deaths could occur over the remaining life of the plants.
• The appellants claim the licensing authority ignored the 'polluter pays principle' and the 'precautionary principle' by granting postponements despite evidence of poor air quality. They argue that the Municipality failed to exercise independent discretion and simply incorporated the National Air Quality Officer's (NAQO) postponement decisions.
• Camden Power Station is described as an unreliable performer with frequent 'upset conditions' and plant breakdowns. Between 2010 and 2013, the station experienced between 64 and 104 start-ups and shut-downs annually. It is scheduled for decommissioning in 2020.
• The appeal highlights a lack of transparency, noting that the AEL does not provide for the public to have automatic access to critical documents, including monthly emission reports, leak detection and repair programme reports, and the complaints register.
• The appellants challenge the validity of the AEL's appeal provisions, stating that it incorrectly refers to section 43 of NEMA instead of section 62 of the Local Government: Municipal Systems Act, 2000, which governs appeals for decisions made by municipal managers acting under delegated authority.
• The appeal argues that Eskom is not a 'fit and proper person' to receive leniency on emission standards due to a history of non-compliance. Eskom has been reported as the organ of state with the highest rate of non-compliance with environmental legislation, including violations at the Camden site.

APA

Centre for Environmental Rights (2015). APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015. https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Camden_20-May-2015.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015. 2015. https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Camden_20-May-2015.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015 |date=20 May 2015 |url=https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Camden_20-May-2015.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2015appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015}}, publisher = {Centre for Environmental Rights}, year = {2015}, month = may, url = {https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Camden_20-May-2015.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }