South Durban Community Environmental Alliance and Another v The Minister of Forestry, Fisheries and the Environment and Others

Eskom Holdings SOC Ltd obtained an environmental authorisation in December 2019 from the Chief Director in the Department of Forestry, Fisheries and the Environment to construct and operate a 3000MW combined cycle gas-to-power plant in Richards Bay. The South Durban Community Environmental Alliance and the Trustees of the Groundwork Trust appealed internally, arguing that the authorisation failed to properly assess climate change impacts, need and desirability, alternatives (including renewable energy), cumulative environmental impacts, and that public participation was inadequate. The Minister dismissed the internal appeal in October 2020, relying inter alia on the Integrated Resource Plan and the need for gas as a transitional energy source. The appellants’ subsequent review application to the Gauteng Division of the High Court was dismissed. They then appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside and replaced. The Minister’s decision of 13 October 2020 dismissing the internal appeal was reviewed and set aside. The internal appeal against the Chief Director’s decision to grant the environmental authorisation for the Richards Bay Combined Cycle Gas Power Plant was upheld, and the environmental authorisation issued on 23 December 2019 was set aside. The respondents were ordered to pay the appellants’ costs, including the costs of two counsel.

The judgment reinforces NEMA as the supreme framework governing all environmental decision-making in South Africa, including decisions linked to national energy policy. It confirms that environmental authorisations are subject to rigorous judicial review under PAJA and that reliance on energy planning instruments like the Integrated Resource Plan cannot displace the duty to conduct a thorough, project-specific environmental assessment. The case strengthens climate change–related review grounds and public participation requirements in environmental governance.