Issued by Daniela Ellerbeck on behalf of the FW de Klerk Foundation on 21/05/2025

Introduction

The FW de Klerk Foundation’s 2024 Human Rights Report Card offers a comprehensive assessment of the state of fundamental rights enshrined in the South African Constitution. Among these is section 24, which guarantees every person the right to an environment that is not harmful to their health or well-being. It further mandates the protection of the environment for the benefit of both present and future generations. This article explores recent developments that have affected the full enjoyment of this right.

Notable Court Cases

At the end of last year, the Pretoria High Court declared the government’s decision to build more coal plants as unconstitutional in African Climate Alliance v Minister of Mineral Resources and Energy. The case was commonly referred to as the “Cancel Coal Case”. It was a review of the government’s decision to add 1 500 megawatts of new coal-fired power stations to the grid between 2023 and 2027. The Court found this decision to be unconstitutional and inconsistent with the Constitution and the rule of law, because inadequate and inappropriate consideration was given by the government to how such coal power would affect, amongst others, the right to an environment that does not harm one’s well being (see paragraphs 24 through 26 of the judgment).

Investments in Renewable Energy

In light of the above case, investing in renewable energy that does not cause an environment that is harmful to one’s health or wellbeing becomes all the more important. 2024 saw a joint initiative between the European Investment Bank and FirstRand Bank that brought a R7,9 billion investment into renewable energy. The investment was particularly in solar photovoltaic and wind energy, as well as energy-efficiency projects. The projects aim to improve accessibility to affordable sustainable energy, reducing dependence on fossil fuels.

New Laws

The Climate Change Act, 2024, was enacted to enable the development of an effective climate change response facilitating South Africa’s transition to a low-carbon and climate-resilient economy. Key features of the Act include establishing a Presidential Climate Commission which oversees the climate response, as well as Provincial and Municipal Forums to coordinate climate change response actions. Section 28 of the Act sets sectoral emissions targets for greenhouse gas emissions, reinforcing South Africa’s Nationally Determined Contributions under the Paris Agreement (which South Africa ratified on 1 November 2016).

Conclusion

Striking a balance between the imperative to ensure an environment that is not harmful to people’s health and well-being – particularly future generations’ health and wellbeing – and the need to expand energy production to support economic growth is essential. South Africa’s economy is heavily reliant on coal for energy and it desperately needs to grow to address the growing concern of unemployment, particularly youth unemployment. However, these are not mutually exclusive, with innovation it can do both. The much-needed growth of the renewable energy sector presents an ideal opportunity to identify both current and future career pathways – and to equip South Africa’s unemployed youth with the skills needed to pursue them. For more information on the health of this important right, see the FW de Klerk Foundation’s 2024 Human Rights Report Card.