The 3GW plant in the east coast port city of Richards Bay is part of government plans to bolster the countrys generation capacity after years of electricity blackouts and pivot away from coal.
The effect of this order is that the authorisation is a nullity, the judgment by the supreme court of appeal said. This will necessitate a fresh application by Eskom for authorisation once the required public participation has taken place.
The judgment echoes previous rulings against energy companies which failed to properly consult affected communities when seeking permits to explore for oil and gas off South Africas coast.