In a critical legal battle over South Africa’s energy future, judgement has been reserved in the #CancelCoalCase, where the Vaal Environmental Justice Alliance (VEJA) has emerged as a Friend of the Court.
This case centres on the government’s contentious plan to procure an additional 1 500MW of electricity from coal, despite significant health concerns raised by civil society groups regarding the impact of coal-fired power stations on vulnerable populations, particularly black women living in polluted environments.
The legal action follows the government's Integrated Resource Plan 2019 (IRP 2019), which sought to bolster the country's energy supply through increased coal usage.
VEJA’s intervention is particularly timely, as the IRP 2023 has already shown a reduction in reliance on coal. Yet, opponents of the plan argue that previous intentions laid out in 2019 continue to influence current energy strategies.
VEJA’s submissions presented a compelling national perspective on the health impacts of coal-related pollution, backed by testimonies from women in regions such as Limpopo, Mpumalanga, and the Vaal Triangle.
These areas, home to numerous coal-fired power stations and industrial projects like those run by Sasolburg and ArcelorMittal, have reported alarming rates of health deterioration linked to pollutants emitted by these energy productions.
Rather than addressing climate change as a standalone issue, VEJA’s affidavits focus on direct pollution-related health impacts, such as asthma and other respiratory ailments, which are exacerbated by the continued operation of coal plants.
“The focus of this intervention is rather on the health impacts of the environmental damage caused by pollution from coal-fired stations and the obligation of the respondents to consider these health impacts,” VEJA has stated, articulating their position that the health and well-being of citizens must take precedence over government energy ambitions.
Highlighting the intersectionality of environmental justice, VEJA has called for a broader understanding of vulnerabilities. Black women, often seen as the bedrock of their families, face compounded challenges in securing their health and livelihoods.
The affidavits shared by VEJA illustrate the lived realities of these women, who are not only trying to raise children amid deteriorating air quality but also grappling with the socio-economic pressures that force them to seek jobs in heavily polluted areas related to extractive industries.
The legal battle was prompted by The African Climate Alliance (ACA), Vukani Environmental Justice Movement in Action (VEM), and the groundWork Trust, all represented by the Centre for Environmental Rights (CER), against the Minister of Mineral Resources and Energy.
The applicants contend that the Minister has failed to adequately consider the adverse effects of coal energy production on various constitutional rights, particularly the right to health.
VEJA, a non-profit association rooted in the severely polluted Vaal Triangle, stands as a testament to the impact of industrial pollution on community health.
Through the lens of those impacted in their daily lives, VEJA urges the court to not only recognise the necessity of sustainable energy production but to grapple with the moral responsibility that comes with it—balancing rights to health and safety against the state’s ambitions for energy generation.
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