Eskom's 3000MW Gas Plant Plan Halted by Supreme Court Over Procedural Failures

2025-09-18

The Supreme Court of Appeal (SCA) has nullified the Environmental Authorisation for Eskom's planned 3000MW Combined Cycle Gas Power Plant in KwaZulu-Natal, citing serious failures in the public participation process.

Court Finds Constitutional Breaches in Consultation Process

According to the judgment handed down on Thursday, 18 September 2025, the SCA ruled that Eskom failed to meaningfully include isiZulu-speaking communities directly affected by the proposed gas plant in the uMhlathuze Local Municipality. This breach of constitutional and statutory requirements for transparency, inclusivity, and fairness in environmental decision-making led the court to set aside the Environmental Authorisation that had previously been granted.

Eskom has indicated it is still studying the judgment and considering its next steps regarding the project, which forms part of its strategic gas programme.

Gas Strategy Central to Eskom's Energy Transition Plans

Despite this setback, Eskom maintains that gas power remains critical to South Africa's energy future. Alfred Seema, Eskom Group Executive for Strategy Delivery, emphasized the role of gas in supporting renewable energy integration:

"Gas plays a critical role in South Africa's energy future. It acts as a backbone for renewable energy integration due to its flexibility and fast-response capability," said Seema. "As more renewables come online, dispatchable generation is needed to offset their variability, ensuring energy security and sustaining the gains of the Generation Recovery Plan."

The utility views gas as an essential component to maintain grid stability as South Africa transitions away from coal power while incorporating more variable renewable energy sources and behind-the-meter solar installations that don't generate at night.

Outlook: What This Means for South Africa's Energy Future

The court ruling represents a significant delay for Eskom's gas strategy, which the utility has positioned as a key enabler for energy security during South Africa's transition to cleaner energy sources. With loadshedding currently suspended after a significant recovery period, any delays to planned generation capacity could potentially impact medium to long-term grid stability.

The judgment highlights the importance of proper community consultation in major infrastructure projects, particularly in areas where communities speak languages other than English. For Eskom to proceed with the project, it would likely need to restart the environmental impact assessment process with improved public participation mechanisms that properly include isiZulu speakers.

While Eskom has not specified its next moves, options could include appealing the judgment, redesigning the consultation process, or potentially considering alternative locations for the proposed gas plant that might face fewer procedural hurdles.

Key Terms Explained

Combined Cycle Gas Power Plant (CCGPP): A power generation facility that uses both gas and steam turbines together to produce up to 50% more electricity from the same fuel compared to a traditional simple-cycle plant. The proposed 3000MW plant would generate enough electricity to power approximately 2 million South African homes.

Environmental Authorisation (EA): A legal document issued by environmental authorities that permits a development to proceed after assessing its environmental impacts. Without this authorization, major infrastructure projects cannot legally proceed.

Dispatchable Generation: Power sources that can be turned on and off or adjusted according to electricity demand. Unlike solar or wind, which generate only when conditions are favorable, gas plants can be ramped up or down as needed.

Load-following: The ability of a power plant to adjust its output to match fluctuating electricity demand throughout the day. Gas plants excel at this compared to coal plants, which work best at steady outputs.