"Litigation to challenge large extractive projects is gaining traction in Africa," 28 Jun 2020

Communities in Africa are increasingly using litigation to challenge large extractive projects that exacerbate the climate emergency and loss of biodiversity...

Save Lamu v. National Management Authority

On 26 June 2019, Kenya’s National Environment Tribunal delivered an important decision revoking an Environmental Impact Assessment (EIA) Licence issued to Amu Power Company Limited for the development of Kenya’s first coal-fired power plant...The judgment asserts the central place of community voices in decision-making processes, particularly those communities that are most affected by such harmful development choices. It equally highlights key aspects of effective public participation...Notably, the community applicants also contended that the project would breach Kenya’s obligations under the Paris Agreement and that the project was inconsistent with Kenya’s low-carbon development commitments.

Earthlife Africa Johannesburg v. Minister of Environmental Affairs

This South African case was brought by Earthlife Africa, represented by the Centre for Environmental Rights challenging a proposed coal plant based on climate change impacts. This was the first case in South Africa to do so. Environmental authorisation was granted to build a 1200MW coal-fired power station in the Limpopo Province, without a climate impact assessment...The case sets an important precedent challenging decisions which rely on outdated energy policies supporting new coal developments and is informed by a key principle of equity, that of intergenerational justice...

Strategic climate litigation is one avenue to challenge corporations and governments. While it is time- and money-consuming, each victory creates a ripple effect in communities in Africa and in the boardrooms of multi-national companies. As communities are more aware of the law, they are in a position to use it, shape it, and challenge it. During this time of uncertainty, we can be certain people will stand up for their rights.