{"query_echo":{"q":"","filters":{"organization":["Centre for Environmental Rights"]},"warnings":[]},"total":{"value":1323,"relation":"eq"},"page":9,"page_size":20,"self":"https://climateinsightsdirectory.org/api/v1/search?organization=centre-for-environmental-rights&page=9","next":"https://climateinsightsdirectory.org/api/v1/search?organization=centre-for-environmental-rights&page=10","stability":"beta","ai_marking":{"digital_source_type":{"uri":"http://cv.iptc.org/newscodes/digitalsourcetype/trainedAlgorithmicMedia","name":"Created using Generative AI"},"notice":"Summary and key insights are generated using artificial intelligence."},"results":[{"id":"cer-001342","url":"https://climateinsightsdirectory.org/document/cer-001342","title":"URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-06-01","source_url":"https://cer.org.za/wp-content/uploads/2020/07/SAWC-letter-to-Minister-Sisulu-1-June-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The South African Water Caucus (SAWC) is urging the Department of Water and Sanitation (DWS) to address critical water and sanitation shortages in more than 200 communities. The letter highlights failures in the DWS hotline, the lack of coordination via the National Disaster Water Command Centre, and the severe health risks posed to vulnerable populations during the COVID-19 pandemic. It provides a detailed annexure of affected areas across several provinces, including the Western Cape, Limpopo, Eastern Cape, Mpumalanga, KwaZulu-Natal, Gauteng, and Free State, where residents rely on polluted rivers, unreliable water trucks, or have no infrastructure at all.","ai_generated":true,"unit":"cer-001342#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"The South African Water Caucus identifies over 200 communities lacking access to water, noting that the health and safety of thousands of people in more than 60 communities are at risk due to the department's failure to meet constitutional obligations.","ai_generated":true,"unit":"cer-001342#insight-1","date_modified":"2026-10-23"},{"text":"The Department of Water and Sanitation's (DWS) hotline is criticized for being inaccessible to rural communities without telephones or network coverage, and for referring callers back to unresponsive municipal and provincial departments.","ai_generated":true,"unit":"cer-001342#insight-2","date_modified":"2026-10-23"},{"text":"In the Western Cape, several communities face severe water and sanitation crises: Shukushukuma, Esibheshe, and Bhekela lack proper toilets and water, leading residents to relieve themselves in wetlands; Joe Slovo residents cannot afford water or soap; and backyard dwellers in areas like Mitchell's Plain face water limits of 350 litres per day via water management devices.","ai_generated":true,"unit":"cer-001342#insight-3","date_modified":"2026-10-23"},{"text":"Limpopo communities report extreme water scarcity and pollution, with some residents in Shongoane walking kilometres or waiting all day for water, and others in Sekutlong using the Motsi River, which has been polluted by mining since 2017.","ai_generated":true,"unit":"cer-001342#insight-4","date_modified":"2026-10-23"},{"text":"The Eastern Cape exhibits widespread infrastructure failure, where some villages like Ndakeni, Dinda, and Bhukuva have never had water infrastructure and rely on 'muddy puddles', while others in the Centane region have faced lack of access for many years despite reports to the Mayor.","ai_generated":true,"unit":"cer-001342#insight-5","date_modified":"2026-10-23"},{"text":"In Mpumalanga, women in the Iraq informal settlement have been turned away by police while attempting to collect water during lockdown, forcing some to wait until dark to avoid detection.","ai_generated":true,"unit":"cer-001342#insight-6","date_modified":"2026-10-23"},{"text":"Sanitation and pollution issues are highlighted in Gauteng, where the Tjovitjo Informal Settlement lacks portable toilet sanitation, and effluent from Russellspruit flows into the Booysens River and subsequently the Vaal River, affecting downstream communities in Soweto.","ai_generated":true,"unit":"cer-001342#insight-7","date_modified":"2026-10-23"}],"climate_tags":["water distribution system","water pollution","human rights","environmental justice"],"geography_discussed":["Western Cape","Limpopo","Eastern Cape","Mpumalanga","KwaZulu-Natal","Gauteng","Free State"],"frame_perspective":[],"analysis_type":["policy demand","community impact assessment"]},{"id":"cer-000712","url":"https://climateinsightsdirectory.org/document/cer-000712","title":"UPDATED EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOMS KENDAL POWER STATION","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-05-14","source_url":"https://cer.org.za/wp-content/uploads/2020/05/CER-letter_-Kendal-enforcement-action_14-May-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The Centre for Environmental Rights submitted an updated expert report by Dr. Ranajit Sahu to the Minister of Environment, Forestry and Fisheries regarding Eskom's Kendal power station. The report identifies 2,851 exceedances of the atmospheric emission licence (AEL) limit for particulate matter between April 2016 and March 2020. The authors express concern over Eskom's reporting practices, alleging that contraventions are improperly coded as 'Grace' or 'Section 30' exceedances to avoid shutdown or service. The letter argues that these findings, along with a report by Dr. Andrew Gray on premature deaths, are relevant to the pending decision on Eskom's objection to a compliance notice.","ai_generated":true,"unit":"cer-000712#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"Between April 2016 and March 2020, the Kendal power station recorded 2,851 instances where average daily particulate matter (PM) emissions exceeded the atmospheric emission licence (AEL) limit of 100 mg/Nm3.","ai_generated":true,"unit":"cer-000712#insight-1","date_modified":"2026-10-23"},{"text":"The AEL limit for particulate matter was reduced to 50 mg/Nm3 effective 1 April 2020, and based on historical performance, the station is likely to regularly exceed this new threshold.","ai_generated":true,"unit":"cer-000712#insight-2","date_modified":"2026-10-23"},{"text":"There is evidence of potential underreporting of emissions contraventions, where exceedances are coded as 'Grace' or 'Section 30' without sufficient explanation to avoid shutting down or servicing units.","ai_generated":true,"unit":"cer-000712#insight-3","date_modified":"2026-10-23"},{"text":"Emissions from 13 of Eskom's coal-fired power stations are estimated to have caused an additional 320 premature deaths in 2018.","ai_generated":true,"unit":"cer-000712#insight-4","date_modified":"2026-10-23"}],"climate_tags":["particulates","air quality","coal-fired power station","environmental law","public health"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["regulatory compliance analysis","health impact assessment"]},{"id":"cer-000397","url":"https://climateinsightsdirectory.org/document/cer-000397","title":"Eskom’s Kendal Power Station Exceedances of Applicable Atmospheric Emission License Limit Values for Particulate Matter from April 2016 to March 2020","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"report","language":"en","date_published":"2020-05-12","source_url":"https://cer.org.za/wp-content/uploads/2020/05/Annexure-A2.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The report finds that Eskom's Kendal Power Station recorded 2,851 exceedances of its 100 mg/Nm3 particulate matter (PM) limit between April 2016 and March 2020. Exceedances increased significantly in April 2018 and remained high, with January 2020 recording the highest monthly total of 151. The analysis indicates that existing electrostatic precipitators are failing, and the author recommends either shutting down the plant or rapidly retrofitting all six units with fabric filters to meet AEL and World Bank standards.","ai_generated":true,"unit":"cer-000397#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"Between April 2016 and March 2020, Kendal Power Station reported 2,851 violations of its Atmospheric Emission License (AEL) limit for particulate matter (PM), which is set at 100 mg/Nm3.","ai_generated":true,"unit":"cer-000397#insight-1","date_modified":"2026-10-23"},{"text":"PM exceedances increased in frequency by three times starting in April 2018 and did not return to previous levels; January 2020 saw the highest number of exceedances in a single month with 151.","ai_generated":true,"unit":"cer-000397#insight-2","date_modified":"2026-10-23"},{"text":"A significant portion of exceedances reached levels many times higher than the legal limit: in 2019, 84% were twice the limit, 36% were four times the limit, and 10% were ten times the limit. In 2018, 2% of exceedances were 25 times the AEL limit.","ai_generated":true,"unit":"cer-000397#insight-3","date_modified":"2026-10-23"},{"text":"The report identifies failures in pollution control and reporting, noting that electrostatic precipitators are not functioning properly and that Eskom underreported 134 PM exceedances in Table 6.2 of reports from August to December 2019.","ai_generated":true,"unit":"cer-000397#insight-4","date_modified":"2026-10-23"},{"text":"The author recommends that the station either be shut down or rapidly retrofitted with fabric filters to meet AEL limits and the World Bank recommended limit of 25 mg/Nm3 for large new power plants in degraded airsheds.","ai_generated":true,"unit":"cer-000397#insight-5","date_modified":"2026-10-23"}],"climate_tags":["particulates","coal-fired power station","air quality"],"geography_discussed":["Witbank"],"frame_perspective":[],"analysis_type":["compliance audit","technical assessment"]},{"id":"cer-000711","url":"https://climateinsightsdirectory.org/document/cer-000711","title":"DEADLINE EXTENSION - REQUEST FOR REASONS FOR THE AMENDMENT OF SUBCATEGORY 1.1: SOLID FUEL COMBUSTION INSTALLATIONS IN THE LISTED ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-05-12","source_url":"https://cer.org.za/wp-content/uploads/2020/05/CER-letter_-Follow-up_SO2-MES-doubling_12-May-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags"],"summary":{"text":"The Centre for Environmental Rights, acting for groundWork and Earthlife Africa NPC, sent a letter to the Minister of Environment, Forestry and Fisheries on 12 May 2020, extending the deadline for the government to provide written reasons for amending the Minimum Emission Standards (MES) for sulphur dioxide (SO2) regarding existing solid-fuel combustion installations.","ai_generated":true,"unit":"cer-000711#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The Centre for Environmental Rights, representing groundWork and Earthlife Africa NPC, is seeking written reasons for the decision to amend the Listed Activities published under Government Notice No. 421, Gazette No. 43174 on 27 March 2020. This amendment is described as weakening the new plant Minimum Emission Standards (MES) for sulphur dioxide (SO2) for existing solid-fuel combustion installations.","ai_generated":true,"unit":"cer-000711#insight-1","date_modified":"2026-08-17"},{"text":"Following an initial request on 3 April 2020 and a missed deadline of 4 May 2020, the Centre for Environmental Rights has extended the deadline for the Minister of Environment, Forestry and Fisheries to provide written reasons to 31 May 2020.","ai_generated":true,"unit":"cer-000711#insight-2","date_modified":"2026-08-17"},{"text":"The request for written reasons specifically asks for a comprehensive list of all solid fuel combustion installations that will be affected by the amendment.","ai_generated":true,"unit":"cer-000711#insight-3","date_modified":"2026-08-17"},{"text":"The request for reasons was made under section 5(1) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA).","ai_generated":true,"unit":"cer-000711#insight-4","date_modified":"2026-08-17"}],"climate_tags":["energy transition","air quality","emission standards","coal combustion"],"geography_discussed":[],"frame_perspective":[],"analysis_type":[]},{"id":"cer-001341","url":"https://climateinsightsdirectory.org/document/cer-001341","title":"URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-04-30","source_url":"https://cer.org.za/wp-content/uploads/2020/07/SAWC-follow-up-letter-to-Minister-Sisulu-Urgent-request-for-water-supp....pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The South African Water Caucus (SAWC) has submitted an urgent request to Minister Lindiwe Sisulu for the provision of water tanks, tankers, and sanitation packs for communities across several South African provinces. The document details systemic failures in water infrastructure, including dry taps, unreliable water trucking, and a lack of soap and sanitation services, which are exacerbated by COVID-19 lockdown restrictions. SAWC specifically criticizes the Department of Human Settlements, Water and Sanitation's hotline as non-functional and inaccessible to rural populations, and calls for weekly public updates from the National Disaster Water Command Centre.","ai_generated":true,"unit":"cer-001341#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"The Department of Human Settlements, Water and Sanitation's water query hotline is reported to be ineffective, with calls remaining unanswered or being referred to other departments and municipalities that cannot or will not help.","ai_generated":true,"unit":"cer-001341#insight-1","date_modified":"2026-10-23"},{"text":"The government's hotline is inaccessible to many rural communities due to a lack of awareness and limited access to telephone or network services.","ai_generated":true,"unit":"cer-001341#insight-2","date_modified":"2026-10-23"},{"text":"In the Western Cape, residents of the Shukushukuma, Esibheshe, and Bhekela communities lack proper water and toilets, leading some to relieve themselves in wetlands and the Kuilsriver catchment.","ai_generated":true,"unit":"cer-001341#insight-3","date_modified":"2026-10-23"},{"text":"Water access in Limpopo is severely limited; in the Steenbokpan and Shongoane communities, water tanks have been dry for five years, forcing some residents to pay unaffordable prices for water, such as R500 for 2500 litres.","ai_generated":true,"unit":"cer-001341#insight-4","date_modified":"2026-10-23"},{"text":"In the Eastern Cape, the Nombanjane, Nxarxo, and Ngcizele, Mazeppa, Gcina, and Cebe villages have lacked water access for many years, and ten leaders from these areas were arrested on 14 April 2020 for contravening COVID-19 Emergency Regulations.","ai_generated":true,"unit":"cer-001341#insight-5","date_modified":"2026-10-23"},{"text":"In KwaZulu-Natal, the Somkhele community has lacked adequate water for years, with a single weekly water tanker providing 2,500 litres for an estimated population of 5,791.","ai_generated":true,"unit":"cer-001341#insight-6","date_modified":"2026-10-23"},{"text":"In Gauteng's Tjovitjo squatter camp, sanitation is critical as portable toilets have not been cleaned since the start of the lockdown, with approximately five families sharing one toilet.","ai_generated":true,"unit":"cer-001341#insight-7","date_modified":"2026-10-23"},{"text":"In Mpumalanga's Phola/Ogies informal settlement, women collecting water have faced police harassment during the lockdown, leading some to collect water under cover of darkness.","ai_generated":true,"unit":"cer-001341#insight-8","date_modified":"2026-10-23"}],"climate_tags":["water distribution system","public health"],"geography_discussed":["Western Cape","Limpopo","Eastern Cape","Mpumalanga","KwaZulu-Natal","Gauteng","Free State"],"frame_perspective":[],"analysis_type":["policy request","human rights monitoring"]},{"id":"cer-000663","url":"https://climateinsightsdirectory.org/document/cer-000663","title":"EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOMS KENDAL POWER STATION","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-04-28","source_url":"https://cer.org.za/wp-content/uploads/2020/04/CER-letter-to-Minister-Creecy-re-health-impacts-due-to-Kendal-power-station-emissions_28-April-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The Centre for Environmental Rights submitted two expert reports to the South African government detailing severe particulate matter (PM) limit exceedances and associated health impacts at Eskom's Kendal power station. Dr. Ron Sahu's analysis found 2,712 PM exceedances between April 2016 and March 2020, noting that electrostatic precipitators are failing. Dr. Andrew Gray's report estimates that emissions caused between 61 and 144 premature deaths annually between 2018 and 2019 and severely exceeded WHO air quality guidelines for SO2, PM2.5, and NOx in the Highveld Priority Area, particularly affecting sensitive receptors like primary schools.","ai_generated":true,"unit":"cer-000663#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"Between April 2016 and March 2020, Kendal power station recorded 2,712 exceedances of its atmospheric emission licence (AEL) limit of 100 mg/Nm3 for average daily particulate matter (PM).","ai_generated":true,"unit":"cer-000663#insight-1","date_modified":"2026-10-23"},{"text":"PM exceedances increased in frequency starting in April 2018 and reached a peak in January 2020 with 151 exceedances. In 2019, 83% of exceedances were twice the PM limit, 35% were four times the limit, and 10% were 12 times the limit.","ai_generated":true,"unit":"cer-000663#insight-2","date_modified":"2026-10-23"},{"text":"Analysis of March 2020 data shows that even with Unit 5 shut down, remaining units exceeded the PM limit 88 times, with Unit 6 emitting PM at 10 times the limit (over 1000 mg/Nm3) on 24% of operating days.","ai_generated":true,"unit":"cer-000663#insight-3","date_modified":"2026-10-23"},{"text":"The electrostatic precipitators across all units at Kendal power station are not functioning correctly, regardless of purported maintenance completion.","ai_generated":true,"unit":"cer-000663#insight-4","date_modified":"2026-10-23"},{"text":"Emissions from the power station were linked to between 67 and 144 premature deaths in the Highveld Priority Area during 2018, and between 61 and 130 premature deaths from November 2018 to October 2019.","ai_generated":true,"unit":"cer-000663#insight-5","date_modified":"2026-10-23"},{"text":"In 2018, the station caused Sulphur dioxide (SO2) 10-minute average levels to exceed the WHO-recommended maximum by over four times at Hlanga Phala primary school and over two times in Ogies; daily average SO2 levels were over five times the WHO maximum at Ogies and Phola.","ai_generated":true,"unit":"cer-000663#insight-6","date_modified":"2026-10-23"},{"text":"In 2018, PM2.5 daily average levels reached half of the WHO-recommended maximum at Leandra, Ogies, Phola, and Laerskool Panorama. In 2019, NOx 1-hour average levels reached twice the WHO maximum at Ogies and Phola, and more than half the maximum at 21 sensitive receptors, including Kinross, Delmas, Secunda, and Witbank.","ai_generated":true,"unit":"cer-000663#insight-7","date_modified":"2026-10-23"}],"climate_tags":["particulates","air quality","coal-fired power station","public health","environmental justice"],"geography_discussed":["Ogies","Phola","Witbank","Secunda","Delmas","Kinross","Leandra"],"frame_perspective":[],"analysis_type":["expert analysis","health impact assessment","compliance monitoring"]},{"id":"cer-000403","url":"https://climateinsightsdirectory.org/document/cer-000403","title":"Eskom’s Kendal Power Station Exceedances of Applicable Atmospheric Emission License Limit Values for Particulate Matter from April 2016 to March 2020","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"report","language":"en","date_published":"2020-04-24","source_url":"https://cer.org.za/wp-content/uploads/2020/04/Annexure-A_Dr-Sahu-Kendal-report-April-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The report finds that Kendal Power Station had 2,712 PM exceedances between April 2016 and March 2020, with frequencies increasing threefold starting in April 2018. The author concludes that electrostatic precipitators are failing and recommends either shutting down the plant or retrofitting it with fabric filters to meet AEL and World Bank standards.","ai_generated":true,"unit":"cer-000403#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"Between April 2016 and March 2020, Kendal Power Station recorded 2,712 exceedances of its Atmospheric Emission License (AEL) limit for average daily particulate matter (PM) emissions, which is set at 100 mg/Nm3.","ai_generated":true,"unit":"cer-000403#insight-1","date_modified":"2026-10-23"},{"text":"The frequency of PM exceedances increased threefold beginning in April 2018 and remained at these higher levels through March 2020. January 2020 recorded the highest number of exceedances in a single month, with 151 occurrences.","ai_generated":true,"unit":"cer-000403#insight-2","date_modified":"2026-10-23"},{"text":"A significant portion of exceedances reached levels many times higher than the legal limit. In 2019, 83% of exceedances were twice the PM limit, 35% were four times the limit, and 10% were 12 times the limit. In 2018, 2% of exceedances reached 25 times the PM limit.","ai_generated":true,"unit":"cer-000403#insight-3","date_modified":"2026-10-23"}],"climate_tags":["particulates","air quality","coal-fired power station","environmental regulation"],"geography_discussed":["Witbank"],"frame_perspective":[],"analysis_type":["compliance audit","emissions analysis"]},{"id":"cer-001344","url":"https://climateinsightsdirectory.org/document/cer-001344","title":"URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-04-22","source_url":"https://cer.org.za/wp-content/uploads/2020/07/SAWC-letter-to-Minister-Sisulu-Urgent-request-for-water-supply-to-comm....pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The South African Water Caucus (SAWC) has formally requested that the Department of Human Settlements, Water and Sanitation and the National Disaster Water Command Centre urgently provide water tanks, tankers, and sanitation packs to numerous communities across South Africa. The request emphasizes that lack of clean water and soap increases the risk of contracting COVID-19, violating constitutional rights to an environment not harmful to health. The SAWC identifies specific failures in several provinces, including unreliable water trucking, unaffordable private water costs, and police harassment of women collecting water. The document calls for weekly public updates on the National Disaster Water Command Centre's activities and a dedicated contact person for updating the list of affected communities.","ai_generated":true,"unit":"cer-001344#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"The South African Water Caucus (SAWC) argues that communities without access to clean water and reliable supply face \"increased risks of contracting the coronavirus\" because handwashing with soap is a \"key preventative measure against the COVID-19 pandemic\".","ai_generated":true,"unit":"cer-001344#insight-1","date_modified":"2026-10-23"},{"text":"The SAWC asserts that residents in water-stressed communities are experiencing a \"daily violation of their guaranteed rights enshrined in sections 24 and 27 of the Constitution of the Republic of South Africa\".","ai_generated":true,"unit":"cer-001344#insight-2","date_modified":"2026-10-23"}],"climate_tags":["public health","human rights","water distribution system"],"geography_discussed":["Western Cape","Limpopo","Eastern Cape","Mpumalanga","KwaZulu-Natal","Emalahleni Local Municipality"],"frame_perspective":[],"analysis_type":["policy request","human rights advocacy"]},{"id":"cer-001209","url":"https://climateinsightsdirectory.org/document/cer-001209","title":"COMMENTS ON CONSULTATION PAPER 1: CONCURRENCE WITH THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY FROM A RANGE OF ENERGY TECHNOLOGIES 2020","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-04-14","source_url":"https://cer.org.za/wp-content/uploads/2020/04/NERSA-DMRE-Determination1-LAC-Comment-14-4-20.docx-002.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, submitted comments to the National Energy Regulator of South Africa (NERSA) regarding a draft ministerial determination to procure 2,000 MW of new generation capacity. The CER argues that this procurement must prioritize clean, affordable, and renewable energy sources over fossil fuels to align with constitutional obligations and public interest, while criticizing the lack of transparency regarding Request for Information (RFI) responses and the inadequacy of the public consultation process.","ai_generated":true,"unit":"cer-001209#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The draft determination proposes the procurement of 2,000 megawatts (MW) of new generation capacity from a range of energy source technologies for the years 2019 to 2022, based on the 'Others' category in Table 5 of the Integrated Resource Plan (IRP) 2019.","ai_generated":true,"unit":"cer-001209#insight-1","date_modified":"2026-08-17"},{"text":"The CER contends that fossil fuel-based electricity, specifically coal and gas, is not in the public interest due to severe climate, health, and economic harms. They cite that coal-fired power stations in South Africa are estimated to cause approximately 2,000 deaths annually and that new-build solar is significantly cheaper (less than R0.60c/kWh) than baseload coal (approximately R1.08/kWh).","ai_generated":true,"unit":"cer-001209#insight-2","date_modified":"2026-08-17"},{"text":"The CER argues that a transition to renewable energy would provide greater socio-economic benefits and job creation than coal. They reference modelling indicating that a decarbonised scenario could create between 112,000 and 144,000 jobs by 2030, and a DMRE study finding 30% more permanent direct jobs per unit of energy are created with a renewable energy mix than with coal.","ai_generated":true,"unit":"cer-001209#insight-3","date_modified":"2026-08-17"},{"text":"The CER criticizes the lack of transparency in the procurement process, noting that responses to the Department of Mineral Resources and Energy's (DMRE) Request for Information (RFI) have not been made public, which hinders the ability of stakeholders to participate effectively in the consultation.","ai_generated":true,"unit":"cer-001209#insight-4","date_modified":"2026-08-17"},{"text":"The document challenges the legal validity of the IRP 2019, citing concerns that it forces 1,500 MW of new coal capacity into the plan, imposes arbitrary annual constraints on solar PV and wind, and recommends continuing the operation of coal plants that do not comply with minimum emission standards (MES).","ai_generated":true,"unit":"cer-001209#insight-5","date_modified":"2026-08-17"},{"text":"The CER asserts that NERSA's concurrence is a 'vital link' for a section 34 determination to have legal effect and argues that NERSA has failed to adequately communicate the consultation process to affected communities, particularly those in the Mpumalanga Highveld, the Vaal Triangle, and the Waterberg.","ai_generated":true,"unit":"cer-001209#insight-6","date_modified":"2026-08-17"}],"climate_tags":["energy transition","coal phase-out","renewable energy","greenhouse gas emissions","just transition"],"geography_discussed":["Mpumalanga Highveld","Vaal Triangle","Waterberg"],"frame_perspective":[],"analysis_type":["policy comment","legal submission"]},{"id":"cer-000720","url":"https://climateinsightsdirectory.org/document/cer-000720","title":"PROVISION OF WATER TANKS AND RELIABLE WATER SUPPLY TO EMALAHLENI COMMUNITIES AS A MATTER OF URGENCY","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-04-09","source_url":"https://cer.org.za/wp-content/uploads/2020/04/CER-letter_Urgent-water-supply-to-eMalahleni-communities_9-April-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The Centre for Environmental Rights (CER) has petitioned Minister Lindiwe Sisulu to urgently provide water tanks and tankers to communities in eMalahleni, including Extension 11, Empumelelweni, Extension 14, and Coronation. These areas have lacked reliable water supply since September 2019, forcing residents to rely on contaminated streams polluted by coal mines and industry. The CER argues that this lack of water violates constitutional rights and severely hinders COVID-19 prevention efforts, as residents cannot perform essential handwashing. The letter calls for immediate government intervention to provide both emergency relief and sustainable long-term water access.","ai_generated":true,"unit":"cer-000720#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"Several communities in and around eMalahleni, specifically Extension 11, Empumelelweni, Extension 14, and Coronation, have lacked access to a reliable water supply since September 2019.","ai_generated":true,"unit":"cer-000720#insight-1","date_modified":"2026-10-23"},{"text":"Water quality in the eMalahleni area is degraded by heavy industry, power stations, and coal mines, with the Olifants River Catchment identified as one of the most stressed catchments in South Africa regarding both quantity and quality.","ai_generated":true,"unit":"cer-000720#insight-2","date_modified":"2026-10-23"},{"text":"Due to the lack of reliable supply, residents are forced to use contaminated streams that are shared with livestock and receive runoff from industrial facilities and coal mines.","ai_generated":true,"unit":"cer-000720#insight-3","date_modified":"2026-10-23"},{"text":"The absence of clean water prevents residents from following COVID-19 preventative measures, specifically handwashing with soap and water, which exacerbates existing health inequalities caused by chronic air pollution.","ai_generated":true,"unit":"cer-000720#insight-4","date_modified":"2026-10-23"}],"climate_tags":["water-supply management","water quality","air pollution","environmental justice"],"geography_discussed":["Mpumalanga","Olifants River Catchment","South Africa"],"frame_perspective":[],"analysis_type":["legal petition","human rights assessment"]},{"id":"cer-000714","url":"https://climateinsightsdirectory.org/document/cer-000714","title":"REQUEST FOR REASONS FOR THE AMENDMENT OF SUBCATEGORY 1.1: SOLID FUEL COMBUSTION INSTALLATIONS IN THE LISTED ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-04-03","source_url":"https://cer.org.za/wp-content/uploads/2020/05/CER-letter_-Request-for-Reasons_SO2-MES-doubling_3-April-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The Centre for Environmental Rights, acting for groundWork and Earthlife Africa NPC, has formally requested written reasons from the South African Minister of Environment, Forestry and Fisheries regarding an amendment to the Minimum Emission Standards (MES). The amendment, published on 27 March 2020, doubles the permissible sulphur dioxide (SO2) limit for existing solid-fuel combustion installations, which the authors argue is unconstitutional and unlawful.","ai_generated":true,"unit":"cer-000714#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"An amendment to the Listed Activities, published under Government Notice No. 421 on 27 March 2020, increases the permissible sulphur dioxide (SO2) limit for existing solid-fuel combustion plants from 500mg/Nm3 to 1000mg/Nm3, effective from 1 April 2020. This change primarily benefits Sasol's coal-fired boilers and all of Eskom's coal-fired stations.","ai_generated":true,"unit":"cer-000714#insight-1","date_modified":"2026-08-17"},{"text":"The Centre for Environmental Rights, on behalf of groundWork and Earthlife Africa NPC, contends that the decision to weaken the SO2 MES limit is \"unconstitutional, unlawful and invalid,\" asserting that it cannot be justified regardless of the considerations provided by the Department of Environment, Forestry and Fisheries.","ai_generated":true,"unit":"cer-000714#insight-2","date_modified":"2026-08-17"},{"text":"Invoking section 5(1) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA), the authors have requested written reasons for the amendment by 4 May 2020. Specifically, they seek the data supporting the claim that a 1000mg/Nm3 limit will achieve a 58% reduction in total emissions, details of the Technical and Cost Benefit Analysis conducted by independent scientists, and a list of facilities built before 2010 that will not be decommissioned by 2030.","ai_generated":true,"unit":"cer-000714#insight-3","date_modified":"2026-08-17"}],"climate_tags":["energy transition","air pollution","coal","emission standards"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["legal request","policy critique"]},{"id":"cer-000653","url":"https://climateinsightsdirectory.org/document/cer-000653","title":"2020 PROPOSED DETERMINATIONS FOR NEW GENERATION CAPACITY","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-03-30","source_url":"https://cer.org.za/wp-content/uploads/2020/03/CER-Letter-to-IPP-Office-30-3-20.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The Centre for Environmental Rights, acting for the Life After Coal Campaign, submitted a letter to the IPP Office of the Department of Energy requesting urgent clarification on the status of coal-fired power projects in relation to a draft determination for new generation capacity.","ai_generated":true,"unit":"cer-000653#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The Minister of Mineral Resources and Energy signed a draft determination on 18 February 2020 for new generation capacity, which includes 6800MW of renewable energy, 513 MW from storage, 3000 MW from gas, and 1500 MW from coal.","ai_generated":true,"unit":"cer-000653#insight-1","date_modified":"2026-08-17"},{"text":"The Centre for Environmental Rights is seeking clarification on whether the 1500 MW of new coal capacity allocated for 2023 to 2027 includes the 900 MW previously allocated to the Thabametsi and Khanyisa coal IPPs, who were identified as \"preferred bidders\" in October 2016.","ai_generated":true,"unit":"cer-000653#insight-2","date_modified":"2026-08-17"},{"text":"The Centre forS for Environmental Rights has requested information regarding the commercial and financial close deadlines for the Khanyisa and Thabametsi projects, as well as the status of the Khanyisa project following the expiry of its environmental authorisation.","ai_generated":true,"unit":"cer-000653#insight-3","date_modified":"2026-08-17"}],"climate_tags":["energyss","energy transition","coal phase-out","renewable energy","generation capacity"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["policy inquiry","legal correspondence"]},{"id":"cer-000660","url":"https://climateinsightsdirectory.org/document/cer-000660","title":"PROPOSED DETERMINATIONS FOR NEW GENERATION CAPACITY 2020","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-03-30","source_url":"https://cer.org.za/wp-content/uploads/2020/04/CER-Letter-to-Minister-30-3-20.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The Centre for Environmental Rights (CER) has written to Minister Gwede Mantashe seeking clarification on two draft determinations for new generation capacity. The CER questions whether the Minister has conducted or intends to conduct public participation as required for administrative actions affecting the public. Additionally, the CER seeks to determine if the proposed 1500 MW coal capacity allocation includes the 900 MW already appointed to 'preferred bidder' projects Thabametsi and Khanyisa, which would leave only 600 MW of new capacity available.","ai_generated":true,"unit":"cer-000660#summary","date_modified":"2026-10-23"},"key_insights":[{"text":"The Minister of Mineral Resources and Energy signed two draft determinations on 18 February 2020: one for 2000MW of new generation capacity from sources including co-generation, biomass, landfill, and distributed generation; and another for 6800MW of renewable energy, 513 MW from storage, 3000 MW from gas, and 1500 MW from coal.","ai_generated":true,"unit":"cer-000660#insight-1","date_modified":"2026-10-23"},{"text":"The CER argues that issuing a determination under section 34 of the Electricity Regulation Act (ERA) is an administrative action that materially affects the public, and therefore asks the Minister to clarify what public consultation process has been or will be followed in accordance with the Promotion of Administrative Justice Act, 2000 (PAJA).","ai_generated":true,"unit":"cer-000660#insight-2","date_modified":"2026-10-23"},{"text":"There is ambiguity regarding whether the 1500 MW coal capacity allocated for 2023 to 2027 in the Integrated Resource Plan for Electricity 2019 – 2030 includes the approximately 863 MW (referred to as 900 MW in the CER's query) previously awarded to the 'preferred bidder' coal IPPs, Thabametsi and Khanyisa.","ai_generated":true,"unit":"cer-000660#insight-3","date_modified":"2026-10-23"}],"climate_tags":["coal-fired power station","renewable energy","gas-fired power station","energy storage","just transition","public participation"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["legal inquiry","policy critique"]},{"id":"cer-000691","url":"https://climateinsightsdirectory.org/document/cer-000691","title":"OBJECTIONS TO GENERATION LICENCE APPLICATIONS FOR THABAMETSI AND KHANYISA IPP COAL-FIRED POWER STATIONS","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-02-17","source_url":"https://cer.org.za/wp-content/uploads/2020/02/CER-letter-to-NERSA-17-Feb-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The Centre for Environmental Rights (CER) wrote to the National Energy Regulator of South Africa (NERSA) on 17 February 2020, requesting updates on generation licence applications for the Thabametsi and Khanyisa coal-fired Independent Power Producer (IPP) power stations. The CER highlights significant delays since the March 2018 hearings and argues that the applications are now based on outdated information due to legal challenges, lapsed authorisations, and the withdrawal of bank financing.","ai_generated":true,"unit":"cer-000691#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The Centre for Environmental Rights (CER) is seeking responses to several outstanding questions regarding the 27 March 2018 hearings for the Thabametsi and Khanyisa coal IPPs, including whether hearings will be held in Lephalale and eMalahleni, which NERSA members attended, whether proceedings were recorded, and the next steps for the applications.","ai_generated":true,"unit":"cer-000691#insight-1","date_modified":"2026-08-17"},{"text":"Several critical developments have occurred since the 2018 hearings that affect the viability of the coal IPPs, including the fact that neither project has reached commercial or financial close.","ai_generated":true,"unit":"cer-000691#insight-2","date_modified":"2026-08-17"},{"text":"The Department of Environment, Forestry and Fisheries (DEFF) confirmed that the environmental authorisation for the Khanyisa project lapsed on 31 October 2018, meaning a new authorisation would be required to proceed.","ai_generated":true,"unit":"cer-000691#insight-3","date_modified":"2026-08-17"},{"text":"The Thabametsi project faces legal challenges to its environmental authorisation in the Pretoria High Court and an appeal regarding its air emission licence, and it is believed to lack a water use licence.","ai_generated":true,"unit":"cer-000691#insight-4","date_modified":"2026-08-17"},{"text":"The CER argues that because two years have passed since the initial applications and hearings, and given the new developments, NERSA should require the applications to be updated and resubmitted for stakeholder objection and further public hearings to ensure procedural fairness.","ai_generated":true,"unit":"cer-000691#insight-5","date_modified":"2026-08-17"}],"climate_tags":["coal-fired power","energy transition","environmental authorisation","ipp"],"geography_discussed":["Lephalale","Witbank"],"frame_perspective":[],"analysis_type":["legal objection","regulatory inquiry"]},{"id":"cer-000244","url":"https://climateinsightsdirectory.org/document/cer-000244","title":"SUBMISSIONS ON THE DRAFT AMENDMENTS TO THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2019","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-01-31","source_url":"https://cer.org.za/wp-content/uploads/2020/02/31-01-2020-Letter-for-CER-comments-on-draft-Amended-MPRDA-Regulations.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights"],"summary":{"text":"The Centre for Environmental Rights (CER) submitted a letter to the Department of Mineral Resources and Energy on 31 January 2020, providing comments and proposed amendments to the Draft Amendments to the Mineral and Petroleum Resources Development Regulations, 2019. The CER criticized the timing of the public comment period, stating it occurred during the festive season, which hindered their ability to engage with clients and partners and compromised the public participation process.","ai_generated":true,"unit":"cer-000244#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The Centre for Environmental Rights (CER) argues that the public commenting period for the Draft Amendment to the Mineral and Petroleum Resources Development Regulations was poorly timed, as it coincided with the festive season when offices were closed. This timing limited the CER's ability to meaningfully engage with partners and clients and is viewed as contrary to the principles of public participation.","ai_generated":true,"unit":"cer-000244#insight-1","date_modified":"2026-08-17"}],"climate_tags":[],"geography_discussed":[],"frame_perspective":[],"analysis_type":[]},{"id":"cer-000245","url":"https://climateinsightsdirectory.org/document/cer-000245","title":"SUBMISSIONS ON THE DRAFT MINE COMMUNITY RESETTLEMENT GUIDELINES, 2019","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-01-31","source_url":"https://cer.org.za/wp-content/uploads/2020/02/31-01-2020-Letter-for-CER-comments-on-draft-Mine-Community-Resettlement-Guidelines.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The Centre for Environmental Rights (CER) submitted comments and proposed amendments to the Department of Mineral Resources and Energy regarding the draft Mine Community Resettlement Guidelines, 2019. The CER expressed concern that the public commenting period coincided with the festive season, which they argue compromised the public participation process by hindering engagement with clients and partners.","ai_generated":true,"unit":"cer-000245#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The Centre for Environmental Rights (CER) argues that the timing of the commenting period for the draft Mine Community Resettlement Guidelines, 2019, was contrary to the principles of public participation because it largely occurred during the festive season when offices were closed. This timing made it difficult for the CER to engage meaningfully with partners and clients, especially given other draft legislation published at the same time.","ai_generated":true,"unit":"cer-000245#insight-1","date_modified":"2026-08-17"},{"text":"The CER provided its specific feedback and proposed amendments to the draft Mine Community Resettlement Guidelines, 2019, in the form of a table enclosed with their letter to the Department of Mineral Resources and Energy.","ai_generated":true,"unit":"cer-000245#insight-2","date_modified":"2026-08-17"}],"climate_tags":["energy transition","mining"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["policy submission"]},{"id":"cer-000761","url":"https://climateinsightsdirectory.org/document/cer-000761","title":"National Environmental Management Laws Amendment Bill, 2017 [B14D-2017] Supplementary Table of comments","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"report","language":"en","date_published":"2020-01-31","source_url":"https://cer.org.za/wp-content/uploads/2020/02/CER-Supplementary-Table-of-Comments-for-PPCEA-submission_NEMLAB-4-January-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The Centre for Environmental Rights (CER) provides a supplementary table of comments on the National Environmental Management Laws Amendment Bill, 2017 [B14D-2017]. The document details proposed amendments to several South African environmental laws, including the National Environmental Management Act (NEMA), the Protected Areas Act (NEMPAA), and the Integrated Coastal Management Act (NEMICMA), offering specific critiques and alternative wording to strengthen environmental protection and enforcement.","ai_generated":true,"unit":"cer-000761#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The CER argues that Section 24G of NEMA, which allows for the legalisation of activities commenced without environmental authorisation, may act as a \"perverse incentive\" for developers to bypass initial authorisation processes because it is often \"simpler and faster and may be less expensive\" to obtain authorisation after the fact.","ai_generated":true,"unit":"cer-000761#insight-1","date_modified":"2026-08-17"},{"text":"The CER strongly opposes a proposed amendment to Section 24O(2) that would allow an Environmental Assessment Practitioner (EAP) to consult with State departments in place of, or in addition to, the decision-maker. The CER contends this \"jeopardises impartiality and invites undue influence\" and may lead to the concerns of interested and affected parties not being adequately reflected to the decision-maker.","ai_generated":true,"unit":"cer-000761#insight-2","date_modified":"2026-08-17"},{"text":"Regarding financial provisioning for mining, the CER supports the timeframes for review and independent audits in the proposed Section 24PA, but notes that this section lacks protection against the Insolvency Act, unlike Section 24P. The CER proposes that financial provision under Section 24PA also be protected from the Insolvency Act to ensure funds are properly ring-fenced.","ai_generated":true,"unit":"cer-000761#insight-3","date_modified":"2026-08-17"},{"text":"The CER expresses concern over the repeal of Section 24S of NEMA, which managed residue stockpiles and deposits under the Waste Act (NEMWA). The CER argues that the Bill does not sufficiently provide for the management of these stockpiles under NEMA and recommends amending Listing Notices 1 and 2 to specifically include activities related to residue stockpiles and deposits, including those from historic mines and dumps.","ai_generated":true,"unit":"cer-000761#insight-4","date_modified":"2026-08-17"},{"text":"The CER proposes that Section 28(11) of NEMA be amended to establish \"joint and several liability\" for responsible persons regarding the recovery of costs for remedial measures. They argue that the current proportional liability approach is inconsistent with the duty of care and may impede effective cost recovery by the State.","ai_generated":true,"unit":"cer-000761#insight-5","date_modified":"2026-08-17"},{"text":"The CER recommends that the Minister prescribe a Code of Conduct for all environmental management inspectors (EMIs) and environmental mineral and petroleum inspectors (EMPIs) within one year of the Act's commencement. This code should include requirements for \"Responsiveness\" (feedback to complainants) and \"Transparency\" (reporting of complaints and directives).","ai_generated":true,"unit":"cer-000761#insight-6","date_modified":"2026-08-17"},{"text":"The CER vigorously opposes a proposed amendment to Section 43(9) that would allow a Minister to uplift the automatic suspension of an environmental authorisation pending an appeal. Drawing on experiences with the National Water Act, the CER argues that uplifting such suspensions effectively dismisses appeals without considering their merits and risks irreparable environmental harm.","ai_generated":true,"unit":"cer-000761#insight-7","date_modified":"2026-08-17"},{"text":"The CER strongly recommends reinstating provisions that allow competent authorities to suspend or withdraw environmental authorisations in cases of non-compliance or when changed circumstances warrant it. They argue this is an \"extremely effective environmental compliance monitoring and enforcement tool,\" particularly for ongoing operations like mines.","ai_generated":true,"unit":"cer-000761#insight-8","date_modified":"2026-08-17"},{"text":"In relation to the Protected Areas Act (NEMPAA), the CER proposes that the prohibition of commercial mining and prospecting in protected environments be explicitly extended to include \"directional drilling, underground mining and related activities,\" as well as \"mountain catchment areas.\"","ai_generated":true,"unit":"cer-000761#insight-9","date_modified":"2026-08-17"},{"text":"The CER proposes the insertion of a new section in NEMPAA to regulate \"buffer zones\" around national parks, world heritage sites, and nature reserves. They argue that current policies are not binding and that mandatory, binding Buffer Zone Policies are necessary to prevent high-impact developments from compromising protected areas.","ai_generated":true,"unit":"cer-000761#insight-10","date_modified":"2026-08-17"},{"text":"The CER opposes the proposal to deem environmental management plans (EMPs) or programmes (EMPRs) approved under the Mineral and Petroleum Resources Development Act (MPRDA) as environmental authorisations (EAs) under NEMA. They argue this would lower environmental standards and blur the distinction between impact assessment and environmental management.","ai_generated":true,"unit":"cer-000761#insight-11","date_modified":"2026-08-17"}],"climate_tags":["energy transition","mining","environmental regulation","biodiversity","water management"],"geography_discussed":["Limpopo","Mapungubwe National Park"],"frame_perspective":[],"analysis_type":["policy analysis","legal commentary"]},{"id":"cer-001400","url":"https://climateinsightsdirectory.org/document/cer-001400","title":"Draft Amendments to the MPRDA Regulations, 2019 Table of Comments","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"report","language":"en","date_published":"2020-01-31","source_url":"https://cer.org.za/wp-content/uploads/2020/02/Table-of-Comments.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","analysis_type"],"summary":{"text":"The Centre for Environmental Rights (CER) provided comments on the 2019 Draft Amendments to the MPRDA Regulations, advocating for stronger protections for affected communities. Key recommendations include explicitly including civil society in the definition of interested parties, replacing 'consultation' with 'free, prior and informed consent' for customary communities, and improving the transparency and accessibility of public notices. The CER also raised significant objections to proposed changes in the appeals process and the imposition of fees for appeals, citing concerns over administrative justice and access to justice.","ai_generated":true,"unit":"cer-001400#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The CER supports the expansion of the definition of \"interested and affected persons\" but recommends that the definition explicitly include civil society and non-governmental organisations to recognize their role in collaborating with the state on mining legal frameworks.","ai_generated":true,"unit":"cer-001400#insight-1","date_modified":"2026-08-17"},{"text":"Regarding the proposed definition of \"meaningful consultation,\" the CER argues that the Department should require free, prior and informed consent from affected communities. They cite the case of Baleni and Others v Minister of Mineral Resources and Others, where the court determined that the consent of customary communities should be sought rather than just consultation.","ai_generated":true,"unit":"cer-001400#insight-2","date_modified":"2026-08-17"},{"text":"The CER proposes that the requirements for notifying the public about applications be made more inclusive. This includes publishing notices on the Department and designated agency websites, and placing notices in community halls, municipal offices, or traditional offices in English and the dominant official language of the area.","ai_generated":true,"unit":"cer-001400#insight-3","date_modified":"2026-08-17"},{"text":"The CER supports the introduction of a prescribed form for section 52 notices regarding profitability and curtailment of mining operations, which would require mining companies to lodge the notice within 7 days after consulting with affected employees or registered trade unions.","ai_generated":true,"unit":"cer-001400#insight-4","date_modified":"2026-08-17"},{"text":"The CER criticizes the proposed Regulation 73C regarding compensation and resettlement disputes, stating it is \"wholly inconsistent\" with section 54 of the Act. They argue the regulation grants the Regional Manager powers not contemplated in the Act and fails to require the constitution of a negotiation team.","ai_generated":true,"unit":"cer-001400#insight-5","date_modified":"2026-08-17"},{"text":"The CER opposes the proposed amendments to Chapter 3 on appeals, citing several issues: the exclusion of section 96(1)(b) appeals, conflicts with the Act regarding the competent authority, and a 30-day appeal window that may prevent parties from appealing if they are not notified of decisions in time.","ai_generated":true,"unit":"cer-001400#insight-6","date_modified":"2026-08-17"},{"text":"The CER objects to the current Regulation 74(3) which requires a fee for appeals, stating that this creates \"serious access to justice issues\" for parties who lack the financial means to file an appeal.","ai_generated":true,"unit":"cer-001400#insight-7","date_modified":"2026-08-17"}],"climate_tags":["energy transition"],"geography_discussed":[],"frame_perspective":[],"analysis_type":["summary"]},{"id":"cer-000808","url":"https://climateinsightsdirectory.org/document/cer-000808","title":"CENTRE FOR ENVIRONMENTAL RIGHTS / DEPARTMENT OF MINERAL RESOURCES: APPLICATION FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-01-29","source_url":"https://cer.org.za/wp-content/uploads/2020/01/Cover-letter-CER-2020-DMR-0001-Tormin-SLP-2019.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights"],"summary":{"text":"A cover letter from the Centre for Environmental Rights to the Department of Mineral Resources submitting a formal request for access to records under the Promotion of Access to Information Act, 2000, specifically regarding the Tormin SLP 2019.","ai_generated":true,"unit":"cer-000808#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The Centre for Environmental Rights submitted a request for access to records to the Department of Mineral Resources using Form A, as required by the Promotion of Access to Information Act, 2000 (PAIA).","ai_generated":true,"unit":"cer-000808#insight-1","date_modified":"2026-08-17"},{"text":"The request, referenced as CER-2020-DMR-0001 (Tormin SLP 2019), included a payment of the R35 request fee and specified a response deadline of 28 February 2020, based on the 30-day response obligation under section 25 of PAIA.","ai_generated":true,"unit":"cer-000808#insight-2","date_modified":"2026-08-17"}],"climate_tags":[],"geography_discussed":[],"frame_perspective":[],"analysis_type":[]},{"id":"cer-001094","url":"https://climateinsightsdirectory.org/document/cer-001094","title":"COMMENTS ON THE BACKGROUND INFORMATION DOCUMENT FOR ESKOM’S APPLICATION FOR ALTERNATIVE LIMITS TO THE MINIMUM EMISSION STANDARDS (MES) FOR THE MEDUPI AND MATIMBA POWER STATIONS","publisher":{"name":"Centre for Environmental Rights","organization":"centre-for-environmental-rights"},"document_type":"statement","language":"en","date_published":"2020-01-29","source_url":"https://cer.org.za/wp-content/uploads/2020/01/LAC-Objections-to-Eskom-Alternative-Limit-Applications-for-Matimba-and-Medupi-29-January-2020.pdf?x21779","generator":"Climate Insights Directory","generated_fields":["summary","key_insights","climate_tags","geography_discussed","analysis_type"],"summary":{"text":"The Life After Coal campaign, comprising the Centre for Environmental Rights (CER), groundWork, and Earthlife Africa Johannesburg, submitted formal objections on 29 January 2020 to Eskom's applications for alternative emission limits at the Medupi and Matimba power stations. The campaign argues that the applications are procedurally and substantively unlawful, violate the South African Constitution and environmental laws, and rely on a flawed air quality modelling approach in a priority area already suffering from poor air quality.","ai_generated":true,"unit":"cer-001094#summary","date_modified":"2026-08-17"},"key_insights":[{"text":"The Life After Coal campaign argues that Eskom's applications for alternative emission limits at Medupi and Matimba are procedurally invalid because they were submitted after the statutory deadline of 31 March 2019. While Eskom claims a condonation from the Minister of Environment, Forestry and Fisheries extended the deadline to November 2019, the campaign asserts that Eskom failed to submit complete applications by that date, employing a \"piecemeal and arbitrary application approach\".","ai_generated":true,"unit":"cer-001094#insight-1","date_modified":"2026-08-17"},{"text":"The document asserts that alternative emission limits cannot be lawfully granted because the Waterberg-Bojanala Priority Area (WBPA), where Medupi and Matimba are located, is not in \"material compliance\" with National Ambient Air Quality Standards (NAAQS). Monitoring data from December 2018 to December 2019 showed multiple exceedances for PM10, PM2.5, and SO2 in locations such as Marikana, Xanadu, Boitekong, and Damonsville.","ai_generated":true,"unit":"cer-001094#insight-2","date_modified":"2026-08-17"},{"text":"The campaign objects to Eskom's request for alternative limits that would apply until the decommissioning of the power stations, arguing this constitutes an impermissible indefinite exemption from the new plant Minimum Emission Standards (MES). For Medupi, Eskom requested a monthly SO2 limit of 4,000 mg/Nm3 from 2020 to 2030 and 1,000 mg/Nm3 from 2030 until decommissioning.","ai_generated":true,"unit":"cer-001094#insight-3","date_modified":"2026-08-17"},{"text":"The submission claims that Eskom's requested alternative monthly limits are unlawful because they are weaker than the existing plant MES daily limits. The campaign argues that monthly averaging masks dangerous short-term spikes in pollutants like SO2 and PM2.5, which can cause acute respiratory harm regardless of the monthly average.","ai_generated":true,"unit":"cer-001094#insight-4","date_modified":"2026-08-17"},{"text":"The campaign criticizes the Background Information Document (BID) for providing vague and insufficient justifications for Eskom's failure to meet the MES. Specifically, it notes that Eskom failed to explain the \"significant delays\" in installing Flue-gas Desulphurisation (FGD) technology at Medupi or provide quantified evidence for the \"high cost\" and \"limited impact\" claims regarding FGD at Matimba.","ai_generated":true,"unit":"cer-001094#insight-5","date_modified":"2026-08-17"},{"text":"The proposed air quality modelling approach in the BID is rejected as inappropriate because it only includes Eskom power stations and ignores other major emission sources within a 100km radius, such as the Grootegeluk coal mine and the proposed Thabametsi coal-fired power station.","ai_generated":true,"unit":"cer-001094#insight-6","date_modified":"2026-08-17"},{"text":"The document identifies several deficiencies in the BID's information, including the failure to mention that the plants are in the WBPA, the misstatement of legal requirements (using \"assurance\" instead of \"material compliance\" with NAAQS), and the omission of the specific air quality models to be used.","ai_generated":true,"unit":"cer-001094#insight-7","date_modified":"2026-08-17"}],"climate_tags":["energy transition","coal-fired power stations","air pollution","emission standards","environmental law"],"geography_discussed":["Waterberg District Municipality","Bojanala Platinum District Municipality","Marikana","Xanadu","Boitekong","Damonsville"],"frame_perspective":[],"analysis_type":["legal objection","policy critique","environmental impact analysis"]}]}