APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015

The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vaal Environmental Justice Alliance, filed an appeal on May 28, 2015, against the atmospheric emission licence (AEL) FDDM-MET-2011-08-P1 issued to Eskom's Lethabo Power Station. The appeal argues that the Fezile Dabi District Municipality failed to consider critical health impacts and ambient air quality standards when varying the AEL to incorporate the National Air Quality Officer's (NAQO) decisions to postpone compliance with Minimum Emission Standards (MES).

• The appellants argue that the AEL variation is irrational because it permits Eskom to emit pollutants at levels that exceed the Minimum Emission Standards (MES), specifically allowing SO2 emissions at five times the MES from April 1, 2020, to March 31, 2025.
• Lethabo Power Station is a primary source of pollution in the Vaal Triangle Airshed Priority Area (VTAPA). According to a 2012 review, it is responsible for 86% of total SO2 emissions, 74% of total NOx emissions, and 24% of total PM10 emissions in the area.
• The appellants claim that the licensing authority ignored the 'preventive principle' and other National Environmental Management (NEM) Principles by failing to impose stricter emission limits despite widespread non-compliance with National Ambient Air Quality Standards (NAAQS) in the VTAPA.
• The document highlights significant operational failures at Lethabo, including a November 2014 incident where conveyor belt breakdowns led to ash backlog and reports of a toxic acid leak that potentially contaminated groundwater.
• The CER asserts that Eskom is not a 'fit and proper person' for the licence due to a history of environmental non-compliance, noting that the 2011-2012 National Environmental Compliance and Enforcement Report identified Eskom as the organ of state with the highest rate of non-compliance with environmental legislation.
• The appeal contends that the AEL is deficient because it lacks a mandatory emission reduction plan, a detailed and enforceable offset implementation plan for PM pollution, and provisions for making monitoring reports and the AEL itself publicly available.
• The appellants argue that the AEL incorrectly identifies the appeal process, referring to the 2010 EIA Regulations instead of section 62 of the Local Government: Municipal Systems Act, 2000.
• A health impact assessment cited in the appeal estimates that emissions from Eskom's coal-fired plants cause approximately 2,200 premature deaths per year due to PM2.5 exposure, with an associated economic cost of 30 billion rand per year.

APA

Centre for Environmental Rights (2015). APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015. https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Lethabo_final_28-May-2015.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015. 2015. https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Lethabo_final_28-May-2015.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015 |date=28 May 2015 |url=https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Lethabo_final_28-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 THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015}}, publisher = {Centre for Environmental Rights}, year = {2015}, month = may, url = {https://cer.org.za/wp-content/uploads/2014/06/Grounds-of-appeal_Lethabo_final_28-May-2015.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }