COMMENT ON THE PROPOSED CONCURRENCE WITH THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY OF 3000 MW FROM GAS

The document argues that the procurement of 3,000 MW of gas power is irrational, unlawful, and environmentally harmful. It claims the process was 'tailor-made' for an existing Eskom project, lacked adequate public consultation, and ignores the availability of cheaper, cleaner renewable energy alternatives. The authors assert that gas is not a 'bridging fuel' due to high methane leakage and that such infrastructure risks becoming a stranded asset, thereby threatening South Africa's climate commitments and constitutional rights to a healthy environment.

• The authors contend that the draft gas determination was specifically designed to facilitate a pre-existing project rather than being based on a broad assessment of energy needs, stating it has been "tailor-made and retro-fitted to an existing, authorised, Eskom gas-to-power project".
• The public consultation process is described as "woefully inadequate", with specific failures including a shortened comment period of 16 working days, contradictory deadlines, and a failure to provide notices in isiZulu, the most common language in the affected Richards Bay area.
• The document argues that the 3,000 MW capacity is not required for energy security, citing research that suggests no need for new combined cycle gas capacity in the next decade and that existing open-cycle gas-turbine plants can provide necessary capacity into the late 2030s.
• The submission asserts that gas is not a low-emissions 'bridging fuel' because methane leaks during production and transport make it as emission-intensive as coal, noting that methane is "82.5 times more potent greenhouse gas than carbon dioxide over a 20-year period".
• There is a significant financial risk that gas infrastructure will become "stranded assets" as renewable energy and storage become more cost-competitive and global carbon constraints tighten.
• The authors claim the determination violates several South African laws and the Constitution, specifically the right to an environment that is "not harmful to health or well-being" and the principles of the National Environmental Management Act (NEMA).
• The document argues that the 'baseload' justification for gas is an "outdated approach" and that modern power systems can be reliably managed using a mix of variable renewable energy and flexible dispatchable generators.
• The procurement is described as a potential breach of fiduciary duties for the Eskom Board under the Public Finance Management Act (PFMA) and the Companies Act, as it may prejudice the financial interests of the state due to high costs and price volatility.

APA

Centre for Environmental Rights (2022). COMMENT ON THE PROPOSED CONCURRENCE WITH THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY OF 3000 MW FROM GAS. https://cer.org.za/wp-content/uploads/2023/05/Joint-Submission-on-the-s34-Determination_vf-as-submitted.pdf?x21779

Chicago

Centre for Environmental Rights. COMMENT ON THE PROPOSED CONCURRENCE WITH THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY OF 3000 MW FROM GAS. 2022. https://cer.org.za/wp-content/uploads/2023/05/Joint-Submission-on-the-s34-Determination_vf-as-submitted.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=COMMENT ON THE PROPOSED CONCURRENCE WITH THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY OF 3000 MW FROM GAS |date=16 September 2022 |url=https://cer.org.za/wp-content/uploads/2023/05/Joint-Submission-on-the-s34-Determination_vf-as-submitted.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2022comment, author = {{Centre for Environmental Rights}}, title = {{COMMENT ON THE PROPOSED CONCURRENCE WITH THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY OF 3000 MW FROM GAS}}, publisher = {Centre for Environmental Rights}, year = {2022}, month = sep, url = {https://cer.org.za/wp-content/uploads/2023/05/Joint-Submission-on-the-s34-Determination_vf-as-submitted.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }