The Supreme Court of Appeal has overturned Eskom’s environmental authorisation for its planned 3 000 MW combined-cycle gas-to-power plant in the Richards Bay industrial development zone, ruling that the approval process did not comply with the National Environmental Management Act. The judgment was delivered on September 17.
Eskom’s environmental impact assessment (EIA) for the project, prepared by Savannah Environmental and finalised in August 2019, described the plant as a combined-cycle facility designed to run primarily on natural gas with diesel as a backup fuel during emergencies. According to the assessment, gas would be delivered via a new Transnet-built pipeline linking Richards Bay Port to the site. Mozambique was identified as the initial source through LNG imports and the Karoo Basin was flagged as a potential future domestic source.
The Department of Forestry, Fisheries and the Environment granted environmental authorisation for the project in December 2019, allowing Eskom to proceed with construction.
Civil society groups, South Durban Community Environmental Alliance and Groundwork Trust, appealed the authorisation, arguing that the EIA failed to adequately assess climate impacts, alternatives, cumulative effects and the project’s need and desirability. They also said public participation was inadequate.
The groups’ initial appeal to the Minister of Forestry, Fisheries and the Environment was dismissed. They approached the Pretoria High Court, which upheld the authorisation. The matter was then taken to the Supreme Court of Appeal, which set aside the environmental authorisation entirely.
“This will necessitate a fresh application by Eskom for authorisation once the required public participation has taken place,” the court said.
