IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) Case No 7653/03 In the matter between: EARTHLIFE AFRICA (CAPE TOWN) Applicant and DIRECTOR-GENERAL: DEPARTMENT OF ENVIRONMENTAL AFFAIRS & TOURISM First Respondent ESKOM HOLDINGS LIMITED Second Respondent JUDGMENT: DELIVERED 26 JANUARY 2005 [Note: The following Table of Contents is inserted by ELAW US. In addition, line-spacing has been modified to single-space text. As a consequence, the page numbering differs from the original by the court.