The proposed Khanyisa Power Station: Trustees for the Time-being of the groundWork Trust v Minister of Environmental Affairs and others
05 September 2017
In this matter, groundWork is challenging a decision by the Department of Environmental Affairs (DEA) grant environmental authorisation for ACWA Power Khanyisa Thermal Power Station RF (Pty) Ltd (ACWA)’s proposed coal-fired power station in terms of the National Environmental Management Act, 1998 (NEMA). An application has been launched in the High Court by the Centre for Environmental Rights, on behalf of groundWork, for an order setting aside the DEA’s decision.
groundWork applied to the Minister of Environmental Affairs (Minister) for condonation for the late lodging of an appeal against the DEA’s decision in terms of the NEMA, but the Minister refused to grant groundWork condonation. An application has therefore been launched out of the High Court for an order reviewing and setting aside the decision the DEA. The DEA’s decision is challenged on the basis that it did not take into account the climate change impacts of ACWA’s proposed coal-fired power station.