SAHRC: Civil Society Files Data Centre Environmental Impact Petition

• Five civil society organizations have petitioned the SAHRC to demand strict regulation and transparency for South Africa's burgeoning data centre industry.
• The SAHRC is investigating the human rights implications of the data centre boom, focusing on potential strains on local water, land, and energy resources.
• A recent approval for a second Equinix hyperscale data centre in Cape Town proceeded despite a tribunal member's warning about missing water and electricity usage data.
• The developer indicated that specific water consumption figures would only be confirmed after the project's approval, raising concerns among communities who experienced the 2017-2018 Cape Town water crisis.
• Petitioners argue that data centres, while vital for the digital economy, are not ordinary buildings and require a more robust regulatory framework to protect human rights.

A key concern emerged when the developer indicated that specific water usage figures would only be confirmed after the project's approval, highlighting a significant gap in the assessment process.

A coalition of five civil society organizations has formally petitioned the South African Human Rights Commission (SAHRC), urging the body to mandate stringent regulation and enhanced transparency for the nation's rapidly expanding data centre sector. This action comes amidst concerns that unchecked development of these facilities could severely strain vital local resources, including water, land, and energy grids, impacting human rights.

The SAHRC has initiated an investigation into the human rights implications stemming from this significant growth in digital infrastructure. The petition highlights a recent decision by the City of Cape Town's planning tribunal in July, which granted approval for land-use changes necessary for a second Equinix hyperscale data centre. This approval, located at the King Air Industria site, was not unanimous; one tribunal member cast a dissenting vote.

The dissenting member specifically warned that critical information regarding the proposed facility's water and electricity consumption was absent from the application and should not be disregarded. Despite this explicit caution, the approval proceeded, underscoring what petitioners describe as a concerning trend in how South Africa is managing the continent's fastest data centre expansion.

The core of the civil society petition revolves around the significant environmental and social footprint of data centres, which are often treated as conventional building developments despite their unique resource demands. A critical incident cited by the petitioners involved the developer of the Cape Town facility, who, when questioned about the project's anticipated water usage, responded that these figures would only be confirmed following the approval of the development.

This approach is particularly alarming given the recent history of the region. Residents in nearby communities, including Bishop Lavis and the Barcelona and KTC informal settlements in Gugulethu, vividly recall the severe water shortages experienced during Cape Town's 2017-2018 water crisis. The prospect of new, large-scale facilities potentially consuming substantial amounts of water without prior disclosure or comprehensive assessment raises serious equity and human rights concerns for these vulnerable populations.

The petitioners argue that the lack of upfront transparency and regulatory oversight for these unmonitored facilities risks exacerbating existing resource scarcities and placing undue pressure on already strained municipal services, including energy supply and waste management infrastructure.

The SAHRC's investigation into the human rights implications of the data centre boom is a pivotal development. The five organizations behind the joint submission contend that while digital infrastructure is undeniably essential for South Africa's digital economy, data centres are fundamentally different from ordinary buildings and therefore necessitate a distinct and more rigorous regulatory framework.

Their argument posits that the current approval processes fail to adequately account for the specialized and intensive resource requirements of these facilities, thereby potentially infringing upon the human rights of communities to access sufficient water, a healthy environment, and sustainable development. The commission's inquiry is expected to delve into these specific concerns, evaluating whether existing environmental impact assessments and planning regulations are sufficient to protect human rights in the context of rapid technological expansion.

The ongoing SAHRC investigation into the SAHRC data centre environmental impact petition could significantly reshape South Africa data centre regulation. The petitioners' assertion that data centres are being approved as if they were ordinary buildings, despite their substantial demands on local infrastructure, points to a systemic gap in current South Africa environmental impact assessment data centres practices.

Should the Human Rights Commission data centre investigation find in favour of the petitioners' concerns, it could lead to the implementation of significantly stricter environmental and social impact assessment requirements for all future digital infrastructure projects. This would necessitate a more comprehensive and transparent approach to planning and development, ensuring that the resource demands of these facilities are fully understood and mitigated before approvals are granted. The outcome of this civil society data centre petition SAHRC inquiry is therefore crucial for setting a precedent for responsible and equitable technological growth across the continent.

Lawyers advising data centre developers or involved in environmental and administrative law should closely monitor the SAHRC's investigation, as its findings could lead to significantly stricter environmental and social impact assessment requirements for future projects in South Africa. Compliance officers in the tech and infrastructure sectors should prepare for increased regulatory scrutiny regarding resource use and community impact for data centre developments.

Source: Original reporting via AllAfrica