Gas projects in South Africa: The legal imperative for compliance

SOUTH Africa is at a crucial point in deciding how electricity will be produced in the years to come.

- DR JONTY COGGER

The government has placed growing emphasis on gas as a transitional source of power, bridging the gap between coal and a renewable energy future. These conversations are often highly technical and not easily accessible to the public.

Yet, how energy is produced is a matter of fundamental public interest. It raises questions about whether the law is upheld, whether the environment is safeguarded, and what kind of energy future is being created. Richards Bay has now become a central site in this debate.

Last month, the Supreme Court of Appeal set aside Eskom’s environmental authorisation for a large gas-fired power plant in Richards Bay.

The court found that the process did not ensure proper public participation, failed to consider reasonable alternatives, and did not fully assess environmental and climate impacts, including cumulative effects. It held that projects cannot simply be approved because they match government policy.

The court also questioned the need for the project given that similar generation capacity had already been allocated to other developers. This judgment makes clear that gas projects must be subject to rigorous legal scrutiny and that affected communities must be given a meaningful chance to participate in decisions that could shape their future.

Two other cases show how courts are continuing to test gas and oil developments. The Constitutional Court recently heard argument in the Shell seismic blasting matter.

Communities and environmental organisations are opposing a suspended order of invalidity; which allows Shell to apply again for an exploration right that had already been set aside.

The High Court had ruled that the right was granted unlawfully because affected communities were not properly consulted, and because their food security, cultural rights, and the climate implications were overlooked.