Centre for Environmental Rights – Advancing Environmental Rights in South Africa

On 19 August 2026, the Supreme Court of Appeal will hear arguments in the landmark, youth-led climate case, challenging South Africa’s plans to procure 1500 megawatts (MW) of new coal-fired power.

This is an appeal of the High Court’s judgment in a review and constitutional challenge, brought by the African Climate Alliance (ACA), Vukani Environmental Justice Movement in Action (VEM), and groundWork (gW), which challenged the inclusion of 1500 MW of new coal-fired power in government’s 2019 Integrated Resource Plan (2019 IRP), the Ministerial Determination made in terms of section 34 of the Electricity Regulation Act and the National Energy Regulator of South Africa (NERSA), on the basis that it violates the right to an environment not harmful to health and well-being, amongst other constitutional rights.

The Minister of Electricity and Energy is appealing the High Court judgment on the basis that the plan for new coal-fired power was necessary to ensure energy security and economic stability. The government maintains that public participation processes were followed and that the inclusion of advanced ‘clean coal’ technologies would mitigate environmental harms.

The Minister contends that energy policy decisions do not directly concern children’s rights and that the country’s reliance on coal is a practical necessity. The respondents, led by the youth-led African Climate Alliance, argue that the government failed to consider the impact of new coal-fired power on children’s rights, as required by the Constitution and international law. They highlight the lack of a formal Children’s Rights Impact Assessment and insufficient evidence supporting the feasibility of ‘clean coal’ technologies.

The respondents further contend that the plan unjustifiably limits fundamental rights to a healthy environment, life, and equality, especially for vulnerable groups such as children and communities already affected by pollution.

The High Court previously found that the government’s decisions were unconstitutional and invalid to the extent that they provided for new coal-fired power, citing failures to consider children’s rights and to justify the limitation of constitutional rights. While the government has since published a new Integrated Resource Plan (2025 IRP) that makes no provision for new coal-fired power, the appeal remains significant for clarifying the legal obligations of decision-makers in future energy and environmental policy. [ENDS]