Search Climate Insights Directory

This briefing by the Centre for Environmental Rights evaluates Eskom's November 2024 request for Minimum Emission Standards (MES) exemptions for eight power stations. The authors argue that Eskom's cost-benefit analysis is fundamentally flawed, systematically underestimating the health benefits of compliance while prioritizing financial savings over public health and international air quality standards.

This document contains the heads of argument submitted by the First and Second Respondents (Groundwork Trust and Vukani Environmental Justice Alliance Movement in Action) to the Supreme Court of Appeal of South Africa. The respondents argue that the Minister of Environmental Affairs has a legal duty under section 20 of the National Environmental Management: Air Quality Act and section 7(2) of the Constitution to promulgate regulations to implement and enforce the Highveld Plan. They seek to uphold a High Court judgment that declared the air quality in the Highveld Priority Area a breach of constitutional rights and ordered the Minister to produce enforcement regulations within 12 months.

This document is an appeal filed by groundWork and Earthlife Africa against decisions made by the National Air Quality Officer (NAQO) on 30 October 2021. The appeal disputes the granting of compliance postponements and suspensions regarding Minimum Emission Standards (MES) for several Eskom coal-fired power stations, arguing that these decisions violate the National Environmental Management: Air Quality Act (AQA), the 2017 National Framework for Air Quality Management, and the Constitution of South Africa.

The Centre for Environmental Rights (CER), acting for Earthlife Africa and groundWork, has formally raised concerns regarding the notification process and timelines for appealing the National Air Quality Officer's (NAQO) October 2021 decisions on Eskom's applications for postponement or suspension of compliance with Minimum Emission Standards (MES).

This document is an appeal response report filed by groundWork and Earthlife Africa, represented by the Centre for Environmental Rights, challenging decisions made by the National Air Quality Officer (NAQO) regarding Eskom Holdings SOC Ltd. The appellants argue that granting postponements and suspensions of compliance with Minimum Emission Standards (MES) for several coal-fired power stations in the Highveld Priority Area is unlawful and violates environmental laws and constitutional rights to health.

A statement from the Life After Coal campaign (LAC) to the South African Minister of Environment, Forestry and Fisheries, objecting to Eskom's attempts to seek exemptions from the Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.

The Centre for Environmental Rights (CER), acting as part of the Life After Coal campaign and other environmental justice networks, submitted written objections on July 30, 2020, against Eskom's application for a once-off suspension of compliance with New Plant Minimum Emission Standards (MES) and a variation request for the Grootvlei Power Station. The CER argues that the application is procedurally invalid, lacks a detailed decommissioning schedule, and unlawfully seeks to extend polluting activities beyond the station's end-of-life, thereby violating constitutional rights to a healthy environment.

The Life After Coal campaign, comprising the Centre for Environmental Rights (CER), groundWork, and Earthlife Africa Johannesburg, submitted formal objections on 29 January 2020 to Eskom's applications for alternative emission limits at the Medupi and Matimba power stations. The campaign argues that the applications are procedurally and substantively unlawful, violate the South African Constitution and environmental laws, and rely on a flawed air quality modelling approach in a priority area already suffering from poor air quality.

This case study describes the first climate change court case in South Africa, where the non-profit Earthlife Africa challenged the environmental authorisation of the Thabametsi coal-fired power station due to the absence of a climate impact assessment.

A statement from the Centre for Environmental Rights (CER) to the South African Minister of Environment, Forestry and Fisheries arguing against the weakening of Minimum Emission Standards (MES) for sulphur dioxide (SO2) and challenging the cost claims made by Eskom and Sasol regarding pollution abatement technologies.

The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vukani Environmental Justice Movement in Action, issued a formal request to the Minister of Environment, Forestry and Fisheries for immediate enforcement action against Eskom's Kendal power station. The letter alleges flagrant and chronic non-compliance with Atmospheric Emission Licence (AEL) conditions, specifically regarding particulate matter (PM) limits, and argues that previous government interventions have failed to compel compliance.

This report provides an air-pollution dispersion model and health risk assessment for 14 industrial facilities in and around South Africa's Mpumalanga Highveld Priority Area (HPA). The analysis compares actual 2016 emissions against a scenario where facilities comply with the 2020 Minimum Emissions Standards (MES), finding that current emissions cause significant early deaths and exceed multiple international air quality guidelines.

The Centre for Environmental Rights (CER), acting on behalf of several environmental campaigns and alliances, requested that the South African Department of Environmental Affairs urgently withdraw a provision in the amended List of Activities published on 31 October 2018. The CER argues that this provision improperly weakens the sulphur dioxide (SO2) minimum emission standards (MES) for existing solid-fuel combustion plants without public consultation.

The Centre for Environmental Rights (CER) submitted a formal request to Eskom on 8 October 2018 for records and reports concerning the Medupi and Kusile coal-fired power stations. The request focuses on environmental compliance, Flue Gas Desulphurisation (FGD) installation progress, water supply arrangements, and communications with the World Bank and African Development Bank.

The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted provisional comments on June 29, 2018, regarding the Department of Environmental Affairs' (DEA) proposed amendments to the 2012 National Framework for Air Quality Management in South Africa. The CER argues that the public consultation process was inadequate and that the draft Framework fails to address systemic failures in air quality monitoring, enforcement, and the achievement of previous targets.

The Centre for Environmental Rights, representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted representations on June 25, 2018, regarding proposed amendments to the List of Activities resulting in atmospheric emissions. While supporting the elimination of 'rolling postponements' for minimum emission standards (MES), the submission argues for stricter requirements for once-off suspensions, greater transparency in application documents, and a more robust public participation process.

The Centre for Environmental Rights (CER), representing Earthlife Africa and groundWork, submitted a formal letter to the National Energy Regulator of South Africa (NERSA) on 4 April 2018. The letter follows a public hearing held on 27 March 2018 regarding generation licence applications for the Thabametsi and Khanyisa coal-fired power stations, raising concerns about the hearing process and requesting further information on NERSA's procedural compliance.

The Centre for Environmental Rights (CER) submitted a letter to the National Energy Regulator of South Africa (NERSA) on 6 March 2018, requesting procedural details for public hearings regarding generation licence applications for the proposed Khanyisa and Thabametsi coal-fired power stations.

The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg and groundWork, submitted a formal request to the National Energy Regulator of South Africa (NERSA) regarding the proposed public hearings for the Khanyisa and Thabametsi coal-fired power stations. The CER argues that proceeding with hearings on 27 March 2018 would be premature and procedurally unfair unless all supplemental application information is disclosed and sufficient preparation time is granted.

The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg and groundWork, submitted a letter to the National Energy Regulator of South Africa (NERSA) on 16 February 2018 requesting the postponement of public hearings for the proposed Thabametsi and Khanyisa coal-fired power stations. The CER argues that pending litigation over environmental authorisations, missing water and atmospheric emission licences, and the lack of a promulgated new Integrated Resource Plan (IRP) prevent NERSA from making a legally consistent and public-interest-based decision.