CENTRE FOR ENVIRONMENTAL RIGHTS: HEADS OF ARGUMENT

The Centre for Environmental Rights (CER) argues that South African local governments must be empowered to procure renewable energy to meet constitutional obligations under Section 24 of the Constitution, which guarantees the right to a healthy environment. The CER contends that the current reliance on Eskom's coal-fired power stations causes significant health crises, including thousands of premature deaths and high greenhouse gas emissions. It asserts that renewable energy is now the most cost-effective option and that interpreting the Electricity Regulation Act (ERA) to allow municipal procurement is essential for a just energy transition and the realization of sustainable development.

• South Africa's current electricity generation, dominated by Eskom's coal-fired power stations, violates the constitutional right to a healthy environment by causing thousands of annual deaths and chronic respiratory illnesses, particularly among children and the elderly.
• Coal-fired power generation is a primary driver of South Africa's climate impact, contributing to 40% of the country's total greenhouse gas emissions and hindering the achievement of international climate commitments under the Paris Agreement.
• Coal-fired power stations cause severe water scarcity and pollution in regions such as the Waterberg and Mpumalanga, specifically affecting the Olifants and Vaal rivers.
• Local governments are critical to the energy transition because they account for 40% of electricity consumption and 60% of electricity customers in South Africa.
• Renewable energy, specifically solar PV and wind, is now more cost-competitive than new coal or nuclear plants, meaning there is no longer a trade-off between economic optimality and environmental protection.
• The CER argues that Section 34 of the Electricity Regulation Act (ERA) must be interpreted in a manner consistent with the Bill of Rights to enable municipalities to procure renewable energy as part of their duty to provide services sustainably.

APA

Centre for Environmental Rights (n.d.). CENTRE FOR ENVIRONMENTAL RIGHTS: HEADS OF ARGUMENT. https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL.pdf?x21779

Chicago

Centre for Environmental Rights. CENTRE FOR ENVIRONMENTAL RIGHTS: HEADS OF ARGUMENT. n.d. https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=CENTRE FOR ENVIRONMENTAL RIGHTS: HEADS OF ARGUMENT |url=https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL.pdf?x21779 |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndcentre, author = {{Centre for Environmental Rights}}, title = {{CENTRE FOR ENVIRONMENTAL RIGHTS: HEADS OF ARGUMENT}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/07/Heads-CER_CoCT-v-NERSA-FINAL.pdf?x21779}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }