Project 90 vs Eskom’s Non-Compliance with Minimum Emission Standards

Why Eskom’s Non-Compliance is a Violation of our Constitutional Rights

Eskom recently held Public Participation Hearings regarding their application for postponements to the implementation of the Minimum Emission Standards (MES) for 14 of their coal and liquid fuel-fired power stations in Gauteng and Mpumalanga.  The monitoring by Government of the Minimum Emission Standards (MES) is a measure that functions to reduce the pollution and the impact on human health from Eskom’s coal-fired plants. 

Project 90 by 2030 – in collaboration with Civil Society Organisations African Climate Reality Project (ACRP), Alternative Information and Development Centre (AIDC)and the Worldwide Fund for Nature (WWF) participated in Eskom’s Public Hearings and made a collective SUBMISSION to Naledzi Environmental Consultants on 11th September 2018, stating that it is unacceptable for Eskom to apply for this postponement and that Government should intervene to make sure that the health of citizens and our environment take priority over profits.  

Section 24 of the Constitution of South Africa enshrines every citizen’s right to “an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”  Eskom, in attempting to avoid meeting it’s MES via this postponement application, is in opposition to this law.

Eskom had over 8 years to prepare for Minimum Emission Standards (MES) as the Air Quality Act came into force in April 2010.  Additionally, Eskom has already been granted a 5 year postponement for existing plant standards [as noted in the Background Information Document (BID)to their application] thus any further application for postponement should be firmly rejected by Government.  South Africa’s Minimum Emission Standards (MES) are weak by international standards, so if Eskom is unable to meet these MES in the timeframes stipulated, then decommissioning dates of non-compliant facilities should be revised forward and the electricity generation capacity replaced by Renewable Energy sources. This is technically possible, but it must be done in the context of a Just Energy Transition plan backed by Government.