Eskom 3,000MW Gas Plant Derailed as Judges Slam Climate Oversights, Language Bias

Supreme Court of Appeal on Wednesday overturned environmental approval for Eskom proposed 3,000MW Richards Bay gas power plant, ruling authorities failed to adequately assess climate impacts and conduct inclusive public consultations.

In a landmark judgment, the court set aside a 2019 authorisation granted by the Department of Forestry, Fisheries and Environment, citing violations of the National Environmental Management Act (NEMA).

The ruling marks a victory for environmental groups South Durban Community Environmental Alliance and Groundwork Trust, who argued the project approval ignored renewable energy alternatives and excluded Zulu-speaking communities in consultation processes.

The court found public participation notices were published only in English and Afrikaans media despite 79% of affected residents speaking isiZulu, calling the process “meaningless” for marginalised groups.

Judges also criticised the government for neglecting to evaluate cumulative climate impacts, including greenhouse gas emissions from gas extraction and pipeline infrastructure linked to the plant.

“The Minister’s decision entrenches the deprivation of public participation rights central to environmental justice,” wrote Justice Dambuza, emphasising NEMA requirement to prioritise vulnerable communities.

The judgment mandates Eskom to restart the authorisation process with proper consultation and climate impact assessments.

The proposed R57 billion plant, intended to supplement grid capacity amid rolling blackouts, faced scrutiny over its alignment with South Africa’s Paris Agreement commitments.

While Eskom argued gas provides a “bridge” from coal to renewables, the court noted renewable alternatives were never evaluated despite lower emissions.

The ruling reinforces precedents requiring climate considerations in energy projects, following 2017 Earthlife Africa case that halted a coal plant over carbon impact omissions.

Eskom may now face delays in its energy transition plans, though the utility retains the right to reapply for authorisation after addressing procedural flaws.