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Africa Climate Alliance et. al., v. Minister of Mineral Resources & Energy et. al. (#CancelCoal case) - decision

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Africa Climate Alliance et. al., v. Minister of Mineral Resources & Energy et. al. (#CancelCoal case) - petition

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Africa Climate Alliance et. al., v. Minister of Mineral Resources & Energy et. al. (#CancelCoal case) - reply

Filing Year For Action

The Cancel Coal case was initiated in November 2021 by the African Climate Alliance (a youth-led organization), Vukani Environmental Justice Movement in Action, and Groundwork Trust, represented by the Centre for Environmental Rights. These groups filed proceedings in the High Court of South Africa to challenge the government’s decision to include 1,500 MW of new coal-fired power in the Integrated Resource Plan of 2019. The applicants named the Minister of Mineral Resources and Energy, the National Energy Regulator of South Africa (NERSA), the Minister of Forestry, Fisheries and the Environment, and the President as respondents.

The applicants argued that the government’s decision violated multiple constitutional rights, including the right to a healthy environment (section 24), the best interests of children (section 28), and the rights to life, dignity, and equality. They contended that coal-fired power, a major contributor to climate change and environmental degradation, posed severe risks to public health, particularly for children and future generations. Expert evidence was presented to demonstrate the harmful effects of coal emissions on health, livelihoods, and food security, as well as the feasibility and cost-effectiveness of cleaner, renewable energy alternatives. The applicants also criticized the decision-making process for failing to: (i) conduct specific impact assessments on children’s rights, (ii) consider cleaner coal technologies or renewable energy options, and (iii) ensure public participation, particularly from youth and vulnerable communities. An interlocutory application was filed in 2022 to compel the government to provide complete records of the decision, which the court granted on December 9, 2022. The Minister of Electricity was added as a fifth respondent on April 17, 2024.

In a judgment handed down on December 4, 2024, Judge Cornelius van der Westhuizen ruled that the government’s plan to procure 1,500 MW of new coal-fired power was unconstitutional, unlawful, and invalid. The court found that the government had failed to meet its constitutional and statutory obligations by: (i) omitting any assessment of the decision’s impact on children’s health and well-being, (ii) failing to evaluate the feasibility of high-efficiency, low-emission coal technologies, and (iii) neglecting its obligation to ensure transparent and participatory decision-making processes. The court noted that the government’s Rule 53 record provided no evidence of adequate consideration of the environmental and health impacts of coal power, particularly on children. The respondents’ argument that South Africa’s energy crisis justified the procurement of coal-fired power was dismissed, as the court found no evidence supporting the necessity of coal over renewable alternatives. The judgment ordered the Minister of Mineral Resources and Energy and NERSA to pay the applicants’ legal costs, including the costs of two counsel.

Africa Climate Alliance et. al., v. Minister of Mineral Resources & Energy et. al. (#CancelCoal case)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

This sector involves the wholesale and retail selling of goods.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Production of electricity and heat from solar irradiation.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

A company that is owned wholly or partially by the state, typically operating in key sectors.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities to move goods and people, alongside the storage of products.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Actions or measures to adapt terrestrial systems to climate change.

Aligning the skills of the workforce with the requirements of the just transition.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Actions to adapt human health, healthcare systems and well-being to climate change.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

Actions or measures to adapt freshwater systems to climate change.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Dedicated pool of financial resources for climate-related projects.

woman and genders outside of the gender binary

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

Activities involving the management, development, and sale of property assets.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population