By Gcina Ntsaluba
Nine private game reserves are challenging the government’s approval of a controversial wind farm near Makhanda in the Eastern Cape High Court, claiming critical environmental protections were ignored in the decision-making process.
The Indalo Association, representing reserves including Shamwari, Kwandwe, Lalibela and Kariega, filed court papers in June 2025 seeking to overturn Environment Minister Dion George’s December 2024 decision to approve the 25-turbine Albany Wind Energy Facility.
The Martial Eagle factor
A striking revelation at the heart of the legal challenge: an active Martial Eagle nest was discovered in the proposed development area during fieldwork in August 2022. However, this critical information appears to have been overlooked in the approval process.
Industry standards require a 6 kilometre protective buffer around any Martial Eagle nest site. This requirement would force removing 11 of the 25 approved turbines, potentially making the project financially unviable.
The Martial Eagle is listed as “Endangered” in the newly published Regional Red Data Book of Birds 2025, with South Africa’s population estimated at only 950 – 1 100 mature individuals. At least 10 Martial Eagles have already been killed by operational wind farms in the country, according to court documents.
“Approving the current Albany WEF layout in these circumstances would be highly irresponsible, unethical and unsustainable in terms of avifauna impacts,” states the Avisense Africa report included in the court filing.
Visual impact concerns
The proposed 210-meter-tall turbines will be visible from virtually every game lodge and strategic viewpoint within a 30 kilometre radius. Minister George acknowledged that visual impacts would remain “high” even after reducing the number of turbines from an original 66 to 25.
Despite his specialists stating that “no mitigation was possible” for these visual impacts due to the height and size of the turbines, George approved the project, claiming mitigation measures would “prevent,” “minimise,” or “remedy” the impacts.
Economic stakes
The legal battle highlights competing economic visions for the Eastern Cape. The region’s nature-based tourism industry generated approximately R31 billion nationally in 2018, with international hunters alone spending R224 million in the Eastern Cape in 2019.
A February 2024 economic assessment warns the wind farm could trigger tourism losses ranging from R290 million to R1.185 billion, with potential job losses between 2 300 and 9 500 people.
The three national parks and ten private ecotourism lodges in the area currently employ more than 1 700 people in a region with limited economic alternatives.
Conservation at risk
The Albany site sits within what conservationists describe as a “biological hotspot” — the convergence of five of South Africa’s seven biomes. The area forms part of the Albany Biodiversity Corridor linking the Great Fish River Nature Reserve with Addo Elephant National Park.
The impact on Buffalo Kloof Reserve’s Black Rhino breeding program, part of the World Wildlife Fund’s Black Rhino Range Expansion Project, is particularly concerning. The reserve hosts 31 Black Rhinos and has produced six calves.
“The development of the Albany WEF would undermine, if not destroy, the established tourism operation at Buffalo Kloof, rendering the conservation efforts and investment involved in the Expansion Project on the Reserve wasted,” states a WWF letter included in the court documents.
From community project to corporate venture
The project’s transformation from a community-driven initiative to a wholly foreign-owned venture adds complexity to the dispute. Initially developed by local company InnoWind with significant community shareholding, the project was acquired by French energy giant EDF Renewables through subsidiary Albany Wind Power (Pty) Ltd.
This contrasts sharply with other local wind projects. The completed Waainek Wind Farm maintains 26% community ownership, while the recent Wind Garden Project represents South Africa’s first wholly-owned large-scale wind project by a local independent power producer.
Legal relief sought
The Indalo Association is asking the court to set aside Minister George’s appeal decision and order him to reconsider their appeal in “a properly informed and procedurally fair” manner.
Kwandwe seeks similar relief but includes alternative requests to remove specific turbines due to their “high or very high visual sensitivity” and the 11 turbines falling within the Martial Eagle buffer zone.
Government and developer response
Department of Forestry, Fisheries and the Environment spokesperson Peter Mbelengwa confirmed both applications would be opposed, stating the department is “in the process of compiling the record of decision.”
EDF Renewables (now trading as EDF Power Solutions) also confirmed it would oppose the applications but declined further comment.
Broader implications
The case could set crucial precedents for balancing renewable energy development with conservation imperatives. The Eastern Cape has approved wind farms exceeding 5.3 gigawatts capacity, far surpassing the national grid’s current absorption capacity.
“We’re not anti-renewable energy,” insists Dr Angus Sholto-Douglas of the Wilderness Foundation Africa. “But there are appropriate places for these developments. Putting them in the heart of conservation corridors and tourism destinations is short-sighted.”
The matter is expected to be heard in the Eastern Cape High Court later this year, with environmental groups watching closely as it could establish important precedents for renewable energy development in ecologically sensitive areas.
