The facts
The Supreme Court of Appeal dismissed the appeal under section 16(2)(a)(i) of the Superior Courts Act because it would have no practical effect; it also ordered the minister to pay costs to three respondent organizations. [1][2]
The appeal concerned a 2020 ministerial determination that included 1,500 MW of coal-fired capacity linked to the Integrated Resource Plan 2019. The High Court had set aside that coal portion. [1]
The SCA said the 2025 Integrated Resource Plan superseded the 2019 plan and made no provision for the 1,500 MW allocation; it did not decide the constitutional merits of the original challenge. [1][2]
The judgment says the 1,500 MW procurement had not begun, no contracts had been signed and Eskom had acquired no rights through the old determination. [1]
The court said the old determination cannot be used to bypass the current framework; pursuing the same capacity would require a new determination and compliance with statutory rules for any departure from the 2025 plan. [1][2]
The ruling concerns the specific 2020 allocation and does not prohibit all future coal-fired generation; any later decision would be assessed under the law and planning instruments then in force. [1]
Relevant context
The High Court challenge invoked environmental and children’s rights. The SCA dismissed the government’s appeal as moot rather than affirming or reversing that constitutional reasoning on its merits. [1][2]
Still unconfirmed
- The judgment does not decide the constitutional merits of the original challenge.
- Whether the government will pursue a new determination or procurement is not established.
Sources
References support the numbered facts above. Source checks: 2 Nov 2026, 12:13 UTC.
The official SCA judgment was read alongside an independent South African legal-news report published 2 November. The appeal was dismissed as moot; the court did not decide the constitutional merits or impose a categorical ban on future coal generation. Any future proposal would require a new determination under the current framework.
- Minister of Electricity and Energy v African Climate Alliance and Others (516/2025) [2026] ZASCA 146
Supreme Court of Appeal of South Africa · Primary source · 30 Oct 2026
Official judgment opened. It was handed down on 30 October 2026 and dismissed the appeal for lack of practical effect, without deciding the constitutional merits.
- Government’s 1 500MW coal power plan runs into a major legal dead end
Conviction · Reporting · 2 Nov 2026
Independent South African legal-news report published 2 November and opened directly. It reports the mootness ruling and expressly distinguishes it from a decision on the constitutional merits or a blanket prohibition on future coal proposals.