CLIMATE LITIGATION: #CancelCoal court battle threatens future of young South Africans, say activists
While the government argued the challenge to its plan to build new power plants was premature and threatens grid security, youth climate leaders maintain that forced coal expansion directly violates children’s constitutional rights and locks the country into unnecessary health and environmental crises.
Activists in South Africa are warning that a recent court battle could put the future of young people at risk, as the fight against coal expansion intensifies. The African Climate Alliance, Vukani Environmental Justice Movement in Action and groundWork recently gathered outside the Supreme Court of Appeal in Bloemfontein to protest against the government's plan to build new power plants fueled by coal.
The court had previously ruled against the government in a case known as #CancelCoal, finding that the plan violated children's constitutional rights and would lead to health and environmental crises.
The government is now appealing the landmark decision, arguing that the ruling was premature, misapplied constitutional rights, and threatened the country's energy security. The core of their argument is that the court's ruling was based on errors and improperly applied constitutional protections. However, youth climate activists maintain that the government's appeal is an attempt to strip young people of their rights and future, as the original court's decision was never officially revoked.
Even as the government shifts its policy towards less reliance on coal, the Section 34 ministerial determination that allows the state to pursue fossil fuel expansion remains active.
Environmental groups argue that the court's ruling in favor of #CancelCoal was justified, as it prioritized the best interests of children and considered the long-term impacts of coal expansion on South Africa's health and environment. They point to the high vulnerability of children to climate-related health issues, particularly those living in areas with coal-fired power plants.
The government's appeal is based on the updated Integrated Resource Plan for 2025, which does not mention new coal-fired generation capacity; however, the original ministerial determination is still in effect, allowing the state to continue promoting coal expansion until overturned or formally withdrawn.
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