In a decision hailed by activists and questioned by pragmatists, South Africa’s High Court declared plans to add 1,500 megawatts of coal-fired power to the national grid “unlawful and invalid.”

Judge Cornelius van der Westhuizen ruled that the government, led by Gwede Mantashe, Minister of Mineral and Petroleum Resources, and the National Energy Regulator of South Africa (Nersa), had failed to properly assess the constitutional implications of their decision, particularly its impact on children’s rights and the environment.

The case, part of a foreign-funded campaign known as “Cancel Coal,” was driven by various environmental groups, including the African Climate Alliance, Vukani Environmental Justice Movement and groundWork, all lavishly funded by American and European states. Their case leaned heavily on expert reports that linked coal emissions to thousands of deaths annually and chronic respiratory illnesses.

The judgment found the government’s decision-making to be opaque and inattentive to constitutional guarantees, including the right to a healthy environment. Yet rather than make a ruling which would demand reasonable acommodations, the judge ruled new coal power station constructions unconstitutional outright.

Defending its actions, the government argued that the Integrated Resource Plan (IRP) was a policy framework, not a final commitment, and stressed that modern coal technologies could mitigate harms to the residents in the immediate environment. These arguments were brushed aside, with the court emphasizing procedural flaws rather than engaging with the practicality of South Africa’s current energy crisis, which relies heavily on coal to prevent blackouts.

Advocates of the ruling describe it as groundbreaking. It may embolden challenges to other carbon-heavy projects and nudge South Africa toward a cleaner energy mix. Yet the broader implications are murkier. The government must now reconcile this legal precedent with the realities of a coal-dependent energy sector, potentially delaying urgent infrastructure development.

“This is a profoundly important judgment,” declared Brandon Abdinor of the Centre for Environmental Rights, celebrating its recognition of youth rights and climate justice. For activists, it is a victory. For policymakers, it might be another obstacle in navigating the treacherous path to a sustainable, reliable energy future.

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