DFFE grants limited exemptions to Eskom’s application to skirt pollution regulations

Eskom’s application for exemptions from minimum emission standards for eight of its coal-fired power stations—Duvha, Kendal, Lethabo, Majuba, Matimba, Matla, Medupi, and Tutuka — has been granted, but not without its limitations.

The Minister of Forestry, Fisheries, and the Environment, Dr Dion George, announced his decision on Eskom’s application during a media briefing at Parliament on Monday.

Eskom’s applications sought relief from the Minimum Emission Standards (MES) established under Section 21 of the Act, following the appeal decision 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,” George said.

“Balancing these imperatives—energy security, economic stability, and environmental protection—has guided my decision-making process.”

The minister said that 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, he 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,” George said.

“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.”

George said that Eskom did ask for a longer period of exemption, but that he did not allow it, instead choosing to settle on 5 years, as “5 years is very reasonable”.

“I had a look at the expert report, I had a look at the financials of Eskom, and I thought about it for a long time in terms of what is reasonable, and we have to balance our constitutional right to clean air, with the fact that we want to have energy in our grid,” he said.

George added that he did not discuss the decision with the Minister of Electricity and Energy, Kgosientso Ramokgopa or Eskom beforehand.

“Now that I have delivered my decision, I will be engaging with the minister and Eskom because what we want to do is to make sure that Eskom can comply.

“There are financial implications - I’ve set very rigorous conditions, and I, absolutely, have every intention of holding them to account…It certainly puts them under pressure, and that is actually the intention, because more of the same is not going to work. That is the point.”

Eskom had not yet reponded to questions at the time of publication.

theolin.tembo@inl.co.za