Cape Town, Western Cape — Parliament’s Portfolio Committees on Electricity and Energy, Water and Sanitation, and Forestry have welcomed the Supreme Court of Appeal’s landmark ruling on pollution at Eskom’s Kusile Power Station, describing it as a critical step toward enforcing environmental accountability at one of the country’s largest coal-fired facilities.
The court found that Eskom failed to fully comply with conditions attached to its environmental authorisations and water-use licences, and further determined that state regulators had not taken effective steps to enforce compliance. The judgment compels both the utility and the relevant government departments to act.
The case had previously been heard in the High Court, where it was dismissed on legal technicalities before being escalated to the Supreme Court of Appeal, which ultimately ruled in favour of enforcement.
Monique le Roux, chief engineer at the Centre for Renewable and Sustainable Energy Studies at Stellenbosch University, described the judgment as a “milestone ruling” that forces government departments — including forestry, fisheries, and water — to hold Eskom accountable where they had previously failed to do so.
“It is in the broader scheme of things sad that it needed to get to the Supreme Court of Appeal to enforce it,” le Roux said, noting the significant cost and effort expended by the parties who pursued the appeal after the initial High Court dismissal.
A Utility Caught Between Competing Obligations
While the ruling has been broadly welcomed, le Roux cautioned that it places Eskom in an extraordinarily difficult position. The utility must balance its mandate to provide reliable and affordable electricity to South Africa against the enormous financial and technical burden of environmental compliance.
Eskom has estimated that meeting air quality legislation alone could cost in the order of R600 billion to R750 billion. The water-related compliance requirements involve major engineering works, including capturing contaminated water, maintaining a closed-cycle water system, and managing stormwater runoff — a challenge compounded by heavy rainfall in the Kusile area that has contributed to contaminated water entering downstream rivers.
“They can’t anymore just shrug their shoulders and say that we are not going to comply,” le Roux said, adding that compliance is “not a flick of a switch” and will require technically complex and costly solutions.
Parliamentary Concerns Over Groundwater and Dam Safety
The parliamentary portfolio committees have expressed ongoing concern about groundwater contamination at the Kusile site, as well as the state of pollution control dams and stormwater management infrastructure. The committees warned of the risk of dam overflows during heavy rainfall, a concern that is expected to intensify as South Africa enters its summer rainy season in November and December.
Despite these concerns, Eskom has reported progress on its remediation efforts. The utility has completed 25 of 41 required corrective actions and has noted measurable improvements in surface water quality, including a decline in sulfate concentrations.
Le Roux acknowledged these efforts, saying Eskom deserves some credit for the work already undertaken and that sulfate levels have been “continually coming down.” However, she stressed that the broader challenges remain formidable.
Coal Dependency and the Cost of Dirty Generation
South Africa’s continued reliance on coal for electricity generation means that the environmental and social costs of that dependency will remain a pressing issue for the foreseeable future. Le Roux pointed to the fundamental question of who should bear the price of coal-powered generation — particularly the communities living near power stations who endure the direct environmental and health impacts.
Eskom is also contending with an aging fleet of coal-fired power stations, financial strain, and difficulties with staff retention, all of which complicate its ability to meet strict environmental and legislative requirements simultaneously.
Electricity Prices Unlikely to Fall Soon
The ruling comes against the backdrop of broader discussions about Eskom’s financial sustainability and the affordability of electricity for South African consumers. Electricity Minister Dr. Kgosientsho Ramokgopa recently briefed the media alongside Eskom leadership, announcing a three-year extension of the board chairperson’s tenure and emphasising that the government’s priorities include reducing electricity costs and improving reliability.
However, le Roux expressed scepticism about the prospect of meaningful price reductions. She noted that Eskom has already reported losing numerous customers, with sales volumes declining year on year as consumers and businesses switch to alternative electricity sources. The need to invest in new generation capacity to replace the aging coal fleet will introduce further financial pressure.
“I can’t see how they can sustainably bring electricity prices down in the long term,” le Roux said, adding that while it is encouraging to hear government commitment to lowering costs, Eskom has “their work cut out for them” and a major decline in electricity prices is unlikely in the foreseeable future.
Le Roux recommended that Eskom’s immediate priority should be addressing the specific requirements of the court ruling — cleaning downstream water, containing polluted water, and recycling it back into the system. She warned that the court has signalled it will welcome the parties who brought the appeal to help keep Eskom accountable if compliance is not forthcoming.
Beyond Kusile, le Roux said she hopes the ruling will establish a framework that can be applied to other Eskom power stations facing similar environmental challenges, particularly regarding air pollution that continues to have a severe impact on surrounding communities. However, she stressed that such efforts would require substantial financial support from government.
