On March 18, a South African court ruled that unsafe levels of air pollution in the Mpumalanga province violate residents’ constitutional rights to “an environment that is not harmful to their health and wellbeing” (Human Rights Watch). The case was brought to the court in 2019 by groundWork and Vukani Environmental Justice Movement in Action. The activists argued that the government had failed to implement its 2012 plan to improve Mpumalanga’s air quality and enforce air pollution limits that would regulate polluters.

The court found that Mpumalanga’s poor air quality disproportionately affects marginalized and vulnerable communities, and that the Environment Minister had “unreasonably delayed” the passing of regulations (Bloomberg). The court ordered the Minister of the Environment to enact regulations to improve air quality, provide penalties for noncompliance, and instate adequate monitoring systems, all within 12 months of the decision.

South Africa’s coal belt is inhabited by approximately 3.6 million people, and is also the site of 12 coal-fired Eskom power plants and a Sasol oil refinery and coal-to-fuel plant. Together, Eskom and Sasol are responsible for over half of South Africa’s emissions. The coal industry in South Africa employs approximately 90,000 miners. The industry also provides 80% of the country’s electricity. A 2019 study found that upwards of 5,000 South Africans die every year in the coal belt because of unenforced air quality standards. Further, a quarter of households in the area have children with asthma (Reuters). The case may serve as a foundation for future legal challenges related to air pollution from coal plants, both within South Africa and internationally.