The Pretoria High Court has overturned the South African government's plans to add 1,500 megawatts of new coal-fired power to the national grid, deeming the decision unlawful and invalid due to insufficient consideration of the impact on children's rights and the environment.
Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.The Pretoria high court has overturned the government’s plans to add 1 500 megawatts of new coal-fired power to the national grid.
“It sends a clear directive that the harms from burning coal for power must be adequately and transparently considered in the case where environmental and health impacts could limit constitutional rights,” he said, adding that the principle could be applied to similar harms from other sources. The court specifically noted the state’s failure to document its decision-making, as it is legally obligated to do so.
“In that regard, the first and second respondents who bore the onus, did not discharge the obligation to show that, in the event that there would be limitations of the said rights, that such limitations were reasonable and justifiable.”
South Africa Coal Power Environmental Impact Children's Rights Pretoria High Court
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