On 17 September 2025, the Supreme Court of Appeal (SCA) delivered a judgment that will shape the future of environmental law in South Africa. In South Durban Community Environmental Alliance and Another v Minister of Forestry, Fisheries and the Environment and Others, the Court overturned the Minister’s decision to uphold Eskom’s environmental authorisation for a large-scale gas-to-power plant in Richards Bay.
This decision is not only a victory for the community organisations who brought the case but also a crucial reminder of the strict legal framework governing environmental approvals in South Africa.
Background to the Dispute
In December 2019, Eskom received environmental authorisation to construct and operate a 3 000MW combined cycle gas power plant in the Richards Bay Industrial Development Zone. The project was positioned as a “bridge” between coal and renewable energy, with natural gas to be imported from Mozambique or the Karoo Basin, and diesel used as backup.
Civil society organisations — the South Durban Community Environmental Alliance (SDCEA) and Groundwork Trust — challenged the authorisation. They argued that the environmental impact assessment (EIA) did not properly address climate change impacts, cumulative environmental consequences, or possible renewable alternatives. They also raised serious concerns about whether the public participation process met constitutional and statutory requirements.
The Minister of Forestry, Fisheries and the Environment dismissed the appeal against Eskom’s authorisation. The High Court in Pretoria also rejected the challenge, which led the organisations to escalate the matter to the SCA.
The Supreme Court of Appeal’s Findings
The SCA disagreed with the earlier decisions and emphasised two critical points.
Public Participation Must Be Meaningful
Section 24 of the Constitution guarantees everyone the right to an environment that is not harmful to health or well-being. Public participation is a key part of giving effect to this right. The Court found that the consultation process in this case was inadequate because notices were issued only in English, despite the fact that nearly 80% of the local community in Umhlathuze speaks isiZulu. Effective consultation, the Court said, requires communication that is culturally appropriate and accessible.
Strict Compliance with NEMA
The Court reaffirmed that the National Environmental Management Act (NEMA) is the cornerstone of environmental governance in South Africa. The Minister was obliged to consider the environmental impacts of the power plant, its cumulative effects, the need and desirability of the project, and available alternatives. The failure to do so rendered the decision unlawful.
The SCA found “exceptional circumstances” to substitute the Minister’s decision with its own, setting aside the authorisation and upholding the appeal by SDCEA and Groundwork Trust.
Why This Judgment Matters for Businesses and Communities
This ruling highlights the high standards required for environmental approvals in South Africa. For communities, it demonstrates that public voices matter and must be heard in ways that are meaningful and accessible. For businesses and developers, it is a clear warning that environmental authorisations cannot be fast-tracked or treated as a formality, and that strict compliance with NEMA and proper public consultation are essential. For government and state entities, it confirms that the courts will not hesitate to intervene where environmental rights are at stake.
Key Takeaway
The Eskom Richards Bay judgment underscores the importance of environmental law in balancing economic development with constitutional rights and sustainability. Projects with significant environmental risks must withstand careful scrutiny, both at the administrative level and in the courts.
At Danel Campbell Attorneys, we assist businesses, communities, and individuals in navigating environmental and administrative law. Whether you are seeking to secure environmental approvals or to challenge decisions that affect your rights, this case illustrates just how vital strong legal guidance can be.
Contact Danel Campbell Attorneys for expert legal assistance.
info@danelcampbell.co.za
Pretoria | Serving clients across South Africa
Company Registration Number: 2021/996718/21 | Firm Number: 68449 | Fidelity Fund Certificate number: FFC02423/2025
Designed by © Web Design Pretoria – Foxx Design and Hosted By Hosting South Africa – Gotweb. All rights reserved 2025. Legal & Privacy