Barbara Creecy, the Minister of Forestry, Fisheries, and the Environment, has upheld the decision by the National Air Quality Officer (NAQO) to allow the temporary operation of the Kusile coal power station using temporary stacks that bypass the flue gas desulphurisation (FGD) pollution-control plant.

The NAQO, in conjunction with the Nkangala district municipality, granted a postponement for Kusile power station to meet Minimum Emission Standards (MES) from June 5, 2023, until March 31, 2025. This decision, which came with several conditions, was made to enable Kusile to resume production using temporary stacks, nearly 12 months earlier than if the power station's three units had been restored permanently.

The units were damaged on October 23 after the Unit 1 flue duct collapsed, leading to the compromise of the Unit 2 and Unit 3 flue ducts, which share a chimney with Unit 1.

However, the NAQO's decision was appealed on July 6 by the Vukani Environmental Justice Movement in Action and groundWork, represented by the Centre for Environmental Rights. In their appeal, the groups expressed concerns about ongoing load shedding and estimated the health impact costs of bypassing the FGD at R24 billion.

Eskom needed a decision on the MES appeal by Creecy, along with a decision on the Atmospheric Emission Licence appeal by the Nkangala district municipality, before it could begin producing using the temporary stacks. Such appeals take 30 days to adjudicate.

The Minister's decision was communicated to Eskom through the Department of Forestry, Fisheries, and the Environment (DFFE) appeal office on the morning of September 26. The Nkangala decision on the appeal of the Atmospheric Emission license was still awaited.

Eskom confirmed that Creecy included two amended decisions requiring monthly reporting on progress with the repair of the permanent stack, compliance with the conditions of the decision, and ambient air quality and health monitoring. Additionally, health monitoring of chickens and pigs at nearby farms was added to the requirements.

Eskom stated that it had made progress with the implementation of its health impact mitigation plan and had added ambient monitoring stations in communities that could be affected by increased sulphur dioxide emissions.

Bheki Nxumalo, head of generation, confirmed that Unit 3 at Kusile could be commissioned immediately if Eskom secured a favorable appeals outcome. He expressed confidence in meeting the revised return-to-service schedule, with Unit 3 scheduled for October 14, Unit 1 for October 30, and Unit 2 for November 30.

However, he noted that the units had been idle for nearly a year, so there might be "teething issues" during commissioning. Nevertheless, he believes the timelines set by the Minister are achievable.