161107-eskom-grounds-of-appeal-3341d66da8c1ef49.pdf

This document is an internal appeal submitted by groundWork, represented by the Centre for Environmental Rights (CER), against the deemed refusal by Eskom Holdings SOC Limited to provide records regarding its compliance with emission standards and the decommissioning of its coal-fired power stations.

• The appellant, groundWork, is seeking access to records concerning Eskom's compliance with Atmospheric Emission Licences (AELs) and Minimum Emission Standards (MES), as well as decommissioning schedules and plans for coal-fired power stations and the board's decision-making mechanisms to ensure such compliance.
• The PAIA request, submitted on 18 May 2016, specifically requested emission reduction plans, compliance roadmaps, and decommissioning plans for numerous Eskom facilities, including Arnot, Camden, Duvha, Grootvlei, Hendrina, Kendal, Komati, Kriel, Kusile, Lethabo, Majuba, Matimba, Matla, Medupi, and Tutuka.
• The appellant alleges that Eskom consistently breached statutory timeframes under the Promotion of Access to Information Act (PAIA), providing repeated assurances that information would be forthcoming while failing to meet promised deadlines.
• Eskom's internal process for PAIA appeals is described as not being legally recognized, as the entity does not fall under the definition of a 'public body' subject to the appeal provisions in Part 4 of PAIA, though Eskom provides an internal appeal form voluntarily.
• The appeal is based on a 'deemed refusal' because the final response deadline of 18 July 2016 lapsed without a decision, and subsequent attempts to obtain the records were met with claims that the file containing the decision letter had been lost due to an 'admin glitch'.
• The appellant acknowledges that the internal appeal is technically filed after the 60-day deadline but requests condonation, arguing that Eskom's continuous assurances that the information would be provided shortly made an earlier appeal premature.

APA

Centre for Environmental Rights (n.d.). 161107-eskom-grounds-of-appeal-3341d66da8c1ef49.pdf. https://cer.org.za/wp-content/uploads/2016/11/161107-Eskom-Grounds-of-appeal.pdf?x21779

Chicago

Centre for Environmental Rights. 161107-eskom-grounds-of-appeal-3341d66da8c1ef49.pdf. n.d. https://cer.org.za/wp-content/uploads/2016/11/161107-Eskom-Grounds-of-appeal.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=161107-eskom-grounds-of-appeal-3341d66da8c1ef49.pdf |url=https://cer.org.za/wp-content/uploads/2016/11/161107-Eskom-Grounds-of-appeal.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsnd161107eskomgroundsofappeal3341d66da8c1ef49pdf, author = {{Centre for Environmental Rights}}, title = {{161107-eskom-grounds-of-appeal-3341d66da8c1ef49.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2016/11/161107-Eskom-Grounds-of-appeal.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }