Parliament, Thursday, 24 September 2026 –The Portfolio Committees on Electricity and Energy, Forestry, Fisheries and the Environment; and Water and Sanitation in a joint meeting received a briefing on the Supreme Court of Appeal judgment relating to environmental and water-use compliance at Eskom’s Kusile Power Station.
The committees noted the Court’s finding that Eskom had failed to fully comply with conditions attached on environmental authorisations and water-use licences. In its ruling the court found that the responsible regulatory authorities had not taken reasonable and effective measures to ensure compliance.
Responding to the presentations by the power utility and the departments of Electricity and Energy, Forestry, Fisheries and the Environment, Water and Sanitation, members of the committees said that Eskom’s strategic role in ensuring security of electricity supply does not exempt it from complying with the Constitution, the National Environmental Management Act, the National Water Act and all other applicable legislation.
Members stressed that electricity generation must take place in a manner that protects the environment and water resources while safeguarding public health and sustainable development.
Eskom informed the committees that 25 of the 41 corrective actions identified had been completed and reported improvements in surface-water quality.
Members remarked on Eskom’s report that sulphate concentrations had decreased from approximately 616 mg/l in 2025 to 172 mg/l in 2026 and that electrical conductivity levels had also improved. While the committees noted the developments, they expressed their concern that certain downstream surface water and groundwater monitoring points remain outside the requirements of the applicable water-use licence conditions.
The committees indicated that the reported compliance levels and completed corrective actions by Eskom cannot be regarded as sufficient evidence that environmental harm has been fully addressed. Members said compliance must be measured by definite improvements in environmental outcomes which includes the prevention of pollution and the restoration of affected water resources.
The committees expressed concern regarding the continuous groundwater contamination in areas associated with pollution sources, including the coal stockyard; recurring turbidity and elevated water-quality parameters; siltation and capacity constraints in pollution-control dams; damage to dam liners caused by dredging activities; and weaknesses within the power station’s closed-loop water-management system.
Members also sought clarity on Eskom’s zero liquid discharge policy, the status of the expired controlled-release authorisation, stormwater management measures, incident-reporting processes, and the risk of dam overflows during periods of heavy rainfall and flooding.
The Department of Water and Sanitation informed the committees that Kusile’s water-use licences had been consolidated and that repeated audits had identified challenges, including poor stormwater management, elevated turbidity levels, contaminated process water and dam overflows. The department acknowledged that previous enforcement measures had not resulted in sustained compliance.
The Department of Forestry, Fisheries and the Environment (DFFE) reported that it had undertaken inspections and issued enforcement notices.
The DFFE noted that the notice of compliance it issued in January 2023 was set aside following Eskom’s objection. It could not issue another compliance notice as the compliance matters fell within the ambit of the Department of Water and Sanitation. The DFFE acknowledged that this matter taught it that better co-ordination was needed between the two departments. Members welcomed the department’s acknowledgement of the need for a stronger coordination with the Department of Water and Sanitation. The committees noted proposed legislative amendments aimed at strengthening enforcement through administrative penalties.
The committees were informed that officials from both departments had conducted a joint assessment at Kusile following the Court judgment. The departments are required to complete a comprehensive assessment and submit a report within the 75-day period prescribed by the Court. Eskom is also required to submit a detailed action plan and progress reports within the stipulated timeframes. The department emphasised that work has started and is currently being finalised.
While welcoming the progress reported by Eskom, the committees called for a detailed account of completed and outstanding corrective measures, independent water-quality monitoring results and a revised rehabilitation plan containing clear timelines, responsibilities and enforcement mechanisms.
On rehabilitation, the committees highlighted that efforts must extend beyond the boundaries of the power station where pollution has affected rivers, wetlands, groundwater resources, agricultural activities and surrounding communities.
Members said the entities must look into effective early-warning and notification systems to ensure that downstream communities and water users are informed of pollution incidents or dam overflows in advance.
The committees agreed that they will reconvene on this matter in the fourth term in order to assess compliance with the Court’s directives and monitor the implementation of the remedial measures so as to ensure that they are delivering measurable environmental recovery, protecting public health and supporting long-term energy security.
ISSUED BY THE CHAIRPERSONS OF THE PORTFOLIO COMMITTEES ON ELECTRICITY AND ENERGY; FORESTRY, FISHERIES AND THE ENVIRONMENT; AND WATER AND SANITATION
For media inquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Yoliswa Landu (Ms)
Cell: 081 4974694
E-mail: ylandu@parliament.gov.za
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