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Cancel Coal case heard in North Gauteng High Court

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PRESS RELEASE: Cancel Coal case heard in North Gauteng High Court originally posted by Centre for Environmental Rights

The North Gauteng High Court this week, on 9 and 10 October, heard landmark constitutional litigation against the South African government, demanding that it abandon plans to build 1 500 MW of new coal-fired power on grounds that new coal-fired power poses significant unjustifiable threats to constitutional rights.

IN SUMMARY :

  • The Cancel Coal case was heard in the North Gauteng High Court on 9 and 10 October.
  • Three civil society organizations—the youth-based African Climate Alliance (ACA), the community-based Highveld group, the Vukani Environmental Justice Movement in Action (VEM) and groundWork, represented by the Centre for Environmental Rights (CER), against the former Minister of Energy and the National Energy Regulator of South Africa (NERSA).
  • ACA, VEM, and groundWork—filed the case against the government’s plans to build 1,500 MW of new coal-fired power.
  • Coal burning is a major contributor to climate change and causes harmful air and water pollution.
  • The plaintiffs argue that coal threatens constitutional rights, particularly the right to a healthy environment.
  • They believe renewable energy is a feasible and cheaper alternative.
  • The government failed to consult youth and future generations, who will suffer the most from climate impacts.
  • The state claimed that High Efficiency Low Emissions (HELE) technology would reduce coal’s harms, but no assessment was done.
  • Experts say there is no such thing as clean coal, and HELE technology only slightly reduces pollution.
  • Local reports highlight the economic and health costs of coal, including job losses, mental and physical health issues, and climate damage.
  • Judgement is still pending.

CIVIL SOCIETY VOICES:

  • “New coal-fired power flies in the face of our constitutional right to an environment not harmful to health and wellbeing, not only for the present generations but for future ones too,” says Brandon Abdinor, attorney at CER.
  • “With all the harm that coal power causes to people, the economy, and the environment—and since we have better options that don’t risk human rights in the same way—the government needs to end its plans to build 1,500 MW of new coal power and move towards socially owned renewables,” says Gabriel Klaasen, environmental activist at ACA.
  • “We experience air pollution, water pollution, and land pollution—everything is affected by the coal mines. The environment we’re living in is very destructive, so many people are sick. Coal is affecting members of the community’s health and comfort, people are living with cancer and respiratory diseases, and rely on oxygen and nebulisers just to survive. This case is a last resort; we are saying there should be no new coal power, it is too destructive,” says Mbali Mathebula from VEM.
  • “If we are committed to the well-being of our people and the environment we must commit to moving towards renewables. They are feasible and affordable replacements for coal power, which will not only save lives, but also allow the environment to thrive,” says Nqobile Ranela, environmental activist and coal campaigner for groundWork.

ENDS.

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