Dr Dion George holds Eskom accountable on emissions standards

31 March 2025

The South African people have been held to ransom by Eskom for far too

As the Minister of Forestry, Fisheries and the Environment, I have concluded my review of the exemption applications submitted by Eskom SOC (Pty) Ltd on December 10, 2024, for eight of its coal-fired power stations—Duvha, Kendal, Lethabo, Majuba, Matimba, Matla, Medupi, and Tutuka—pursuant to Section 59 of the National Environmental Management: Air Quality Act, 2004 (NEMAQA). These applications sought relief from the minimum emission standards (MES) established under Section 21 of the act, following the appeal decision of my predecessor on May 22, 2024.

Eskom, as South Africa’s primary electricity supplier, plays a critical role in our nation’s energy security. However, its coal-fired operations have significant environmental and health implications, which I am duty-bound to address under Section 24 of our Constitution, guaranteeing everyone the right to an environment not harmful to their health or well-being, as well as under the Paris Agreement and the Climate Change Act, which mandate me to drive emissions reductions and ensure a just transition to a low-carbon economy. Balancing these imperatives—energy security, economic stability, and environmental protection—has guided my decision-making process.

After thorough consideration of Eskom’s submissions, the National Environmental Consultative and Advisory (NECA) Forum report of March 8, 2024, the expert report of March 17, 2025, and inputs from stakeholders including the Centre for Environmental Rights, I have decided to grant limited exemptions to Eskom for the specified power stations. These exemptions are not a blanket reprieve but are tailored to each facility, with stringent conditions to mitigate the impacts of non-compliance with the MES.

For Duvha and Matla, exemptions are granted until their planned shutdown dates of February 21, 2034, and July 20, 2034, respectively, aligning precisely with Eskom’s decommissioning schedule. This timeline acknowledges their critical role in energy security while ensuring that their operational lifespan is not extended beyond what is necessary, reinforcing that decommissioning remains the long-term solution to emissions reduction. It provides Eskom adequate time to transition these facilities out of service responsibly, contingent on the rapid expansion of renewable energy capacity to maintain stability. For the remaining stations—Kendal, Lethabo, Majuba, Medupi, Matimba, and Tutuka—exemptions are capped at five years, expiring on April 1, 2030. This duration reflects my commitment to minimising environmental harm, given prior postponements granted to Eskom, and the urgent need to transition to renewable energy amid climate change imperatives and South Africa’s international commitments under the Paris Agreement.

Below are the specific details of the exemptions for each power station:
 

• Duvha Power Station exemption: For Duvha Power Station, I have granted an exemption from the MES until its planned decommissioning date of February 21, 2034. This aligns with Eskom’s scheduled shutdown timeline and reflects the station’s ongoing role in supporting energy security during the transition period. The exemption acknowledges that Duvha’s ageing infrastructure makes retrofitting for full MES compliance impractical in the short term, given its finite operational lifespan. However, this is not a free pass—Eskom must adhere to strict conditions to mitigate the station’s environmental impact until it is phased out.

• Kendal Power Station exemption: Kendal Power Station has been granted a five-year exemption, expiring on April 1, 2030. This decision balances Kendal’s significant contribution to the national grid with the pressing need to reduce emissions from one of Eskom’s higher-emitting facilities. The five-year window reflects prior postponements granted and the urgency of aligning with South Africa’s climate commitments. During this period, Eskom is required to implement targeted emission reduction measures and accelerate renewable energy integration to offset Kendal’s environmental footprint.

• Lethabo Power Station exemption: Lethabo Power Station receives a five-year exemption, set to conclude on April 1, 2030. As a key supplier of electricity to the industrial heartland, Lethabo’s exemption is designed to maintain energy stability while imposing rigorous conditions to address its emissions profile. The station’s proximity to populated areas necessitates immediate action on health interventions and air quality transparency, which are non-negotiable components of this exemption.

• Majuba Power Station exemption: For Majuba Power Station, I have approved a five-year exemption, ending on April 1, 2030. Majuba’s strategic importance to the grid is undeniable, yet its emissions remain a concern. This exemption reflects a pragmatic approach, allowing Eskom time to enhance operational efficiency and explore flexibilisation options while adhering to stringent monitoring and mitigation requirements.

• Matimba Power Station exemption: Matimba Power Station is granted a five-year exemption, expiring on April 1, 2030. Located in a water-scarce region, Matimba’s dry-cooling technology offers some environmental advantages, but its coal-based emissions still require oversight. This exemption period ensures energy security while mandating Eskom to implement socio-economic offsets and emission reduction studies.

• Matla Power Station exemption: Matla Power Station’s exemption extends until its scheduled decommissioning on July 20, 2034, consistent with Eskom’s long-term plan. This longer timeframe recognises Matla’s critical role in the energy supply chain, particularly its linkage to nearby mining operations, while ensuring that its environmental impact is curtailed through mandatory health and air quality measures.

• Medupi Power Station exemption: Medupi Power Station, one of Eskom’s newer facilities, is granted a five-year exemption until April 1, 2030. Despite its modern design, Medupi has faced delays in achieving full MES compliance, notably with the installation of flue gas desulphurisation (FGD) technology. This exemption mandates a revised cost-benefit analysis for FGD within six months, alongside other conditions to minimise emissions.

• Tutuka Power Station exemption: Tutuka Power Station receives a five-year exemption, expiring on April 1, 2030. Tutuka’s operational challenges and emissions output necessitate immediate mitigation measures, which are embedded in the exemption’s conditions. This timeframe provides Eskom with a window to stabilise Tutuka’s contribution to the grid while accelerating renewable energy projects to reduce its coal dependency.

The exemptions come with rigorous conditions, which Eskom must implement at both fleet and plant levels. These include:
 

• Health interventions: Eskom must deploy air quality monitoring stations and a data-free alert app within eight months, appoint an environmental health specialist within three months, and extend community health screening programs within six months. Mobile clinics and greenspace initiatives will further support affected communities.

• Socio-economic measures: Eskom is directed to expedite its offset programs, expand interventions to 96,000 households within 12 months, and address waste and ash dumps near power stations.

• Air quality transparency: Real-time emissions data must be published immediately, with additional monitoring stations installed within 12 months.

• Emission reduction: A revised cost-benefit analysis for Medupi’s flue gas desulphurisation is required within six months, alongside studies to flexibilise coal plants and prioritise renewable dispatch.

• Renewable energy acceleration: Eskom is encouraged to submit an annual report, due by the end of March each year, detailing progress on facilitating the integration of renewable energy into the grid, supporting the acceleration of licensing processes for new renewable projects, and ensuring sufficient renewable capacity is available to replace coal-fired plants as they are phased out. This report is essential to demonstrate tangible progress in maintaining energy security and advancing environmental sustainability, without implying that Eskom must directly undertake the capital-intensive deployment of renewable infrastructure itself.

Additionally, I strongly encourage Eskom to ramp up its efforts to support renewable energy initiatives with urgency, while I urge the private sector, particularly independent power producers (IPPs), to accelerate their efforts in developing and deploying renewable projects. The pace of this transition hinges on how quickly IPPs can roll out power projects, secure financing, connect to the grid, and complete construction—factors that are now the primary determinants of our success in phasing out coal without compromising energy stability. In the long term, the Independent Power Producer Office (IPPO) should transition to a permanent home within an Independent Transmission System, and Market Operator (TSO) to streamline its role in procurement across public and private sectors, ensuring a more coordinated and efficient approach to renewable energy expansion. This transition will be bolstered by establishing close coordination with the National Transmission Company of South Africa (NTCSA) to align transmission planning and procurement decisions, facilitating seamless grid integration of renewable projects. To support this shift, I emphasise that the establishment of a competitive power market by April 1, 2026, must be adhered to, enabling greater private sector participation and expediting the integration of renewables.

Critical to achieving clean air as swiftly as possible, the rapid implementation of an Independent System Operator (ISO) is essential. An ISO will enhance grid management, prioritise renewable energy dispatch, and ensure a more efficient and transparent transition away from coal, underscoring its pivotal role in meeting our environmental goals.

These conditions, to be incorporated into Eskom’s atmospheric emission licenses, ensure accountability and progress toward compliance. I have assessed that they will not precipitate loadshedding, preserving energy security while advancing environmental goals. My authority under Section 59(4) of NEMAQA allows for ongoing review, and any breach may result in exemption withdrawal.

This decision reflects a pragmatic yet principled approach, aligning with the National Environmental Management Act’s call for sustainable development that places people and their needs at the forefront. It is not an endorsement of indefinite non-compliance but a bridge to a cleaner, healthier future.

Together, we must forge a path to a sustainable energy future that honours our constitutional mandate and secures the well-being of all South Africans.

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