Youth Take On Government — And Win Fight Over Coal Power

The Supreme Court of Appeal (SCA) has dismissed the government's appeal against a landmark judgment that found its plans to procure 1,500 megawatts of new coal-fired electricity unconstitutional. This reinforces the importance of considering children's rights and the impact on the environment when making energy decisions.

The judgment, handed down on 30 October 2026, follows a youth-led legal challenge against the inclusion of additional coal-fired power in South Africa's energy plans.

The Minister of Electricity and Energy had appealed the High Court ruling, arguing that the government's plans were a policy decision and could not be reviewed by the courts.

However, the SCA dismissed the appeal with costs, leaving the High Court judgment intact.

The case was brought by the African Climate Alliance (ACA), Vukani Environmental Justice Movement in Action (VEM) and groundWork, challenging the government's decision to include 1,500MW of new coal-fired power in the 2019 Integrated Resource Plan (IRP).

The organisations argued that the decision violated constitutional rights, including the right to an environment that is not harmful to health and wellbeing, as well as children's rights.

In its earlier judgment, the High Court found that the government had failed to adequately consider the impact of additional coal-fired electricity on children and the environment.

Judge Van der Westhuizen noted that evidence submitted by the Minister and the National Energy Regulator of South Africa (NERSA) was "ominously silent" on the potential effects of the proposed coal power on the environment and public health, particularly children's health.

The court also found that the Minister and NERSA had failed to justify limitations on these constitutional rights under section 36 of the Constitution.

Although the SCA did not rule on the substantive constitutional arguments, it dismissed the Minister's appeal after finding that the publication of the 2025 Integrated Resource Plan had removed the live dispute before it. The latest plan does not make provision for new coal-fired power.

The dismissal means the High Court judgment stands.

The Centre for Environmental Rights (CER), which supported the legal challenge, said the judgment reinforced the responsibility of government and regulatory authorities to consider children and young people when developing future energy and environmental policies.

Michelle Sithole, an attorney at the CER, said the dismissal maintained government's legal obligation to consult children and young people in decision-making processes.

"Government has and continues to ignore children and youth as vital stakeholders to be consulted in decision-making," she said.

Thomas Mnguni of groundWork said the ruling highlighted the need to consider the health and environmental consequences of government decisions.

He said new coal-fired power would have undermined South Africa's efforts to reduce pollution and address climate change.

The ruling has also been welcomed by young climate activists, who said it demonstrated that their voices could influence decisions affecting their future.

"We didn't just win a court case. We proved that our generation's voice carries legal weight," said Sibusiso Mazomba of the African Climate Alliance.

Happy Tony Mtimonyane of VEM said communities in the Highveld had experienced the health consequences of coal-fired electricity for years.

He said the judgment sent a clear message that the state had a responsibility to protect future generations from environmental harm.

According to the Centre for Environmental Rights, air pollution from coal-fired power stations kills more than 2,200 South Africans annually and contributes to thousands of cases of respiratory illnesses, including bronchitis and asthma, among adults and children.

The organisations said the ruling underscored the importance of placing children's constitutional rights at the centre of decisions about the country's energy future.