APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE

This document is a formal appeal submitted by the Centre for Environmental Rights on behalf of Earthlife Africa and groundWork to the Minister of Environmental Affairs. The appeal seeks to set aside an Environmental Authorisation granted on 15 March 2019 to the Department of Water and Sanitation for Phase 2A of the Mokolo and Crocodile River (West) Augmentation Project (MCWAP-2A). The appellants argue that the project is unnecessary, environmentally damaging, and based on outdated energy demand assumptions.

• The appellants argue that the need and desirability of the MCWAP-2A project are based on incorrect and outdated assumptions regarding South Africa's electricity demand and the need for coal-based power and mining. They contend that the project primarily serves 'DoE Future Users' such as power generation and mining, which they claim are not necessary or desirable.
• The appeal asserts that the Environmental Impact Report (EIR) failed to adequately assess the project's impact on river ecosystems, specifically regarding water abstraction from the Crocodile (West) River and the potential transfer of poor quality water and invasive species, such as Water Hyacinth, into the Matlabas and Mokolo River catchments.
• The appellants claim the project fails to account for the 'Reserve' as required by the National Water Act, 1998. They argue that the EIR treats the Reserve as a matter for the water use licence process rather than a critical consideration for the environmental impact assessment, creating uncertainty about water availability.
• The document alleges a failure to conduct a comprehensive Climate Change Impact Assessment (CCIA). It argues that the EIR only assessed GHG emissions from construction and ignored indirect emissions from the coal-fired power stations and mines the project would enable, as well as threats to water yield from rising temperatures.
• The appellants contend that the project's cumulative and indirect socio-economic impacts were ignored. This includes the failure to assess the effect of industrial growth on the Waterberg-Bojanala Priority Area (WBPA) and the failure to quantify social costs borne by society rather than the project operators.
• The appeal argues that the 'no-go option' was not accurately considered, as the EIR focused only on the negative economic implications of not proceeding (such as underutilisation of coal reserves) and ignored the environmental and climate benefits of not implementing the project.
• The appellants claim the Environmental Authorisation was granted in the absence of material information. They point to several conditions in the authorisation that require technical studies (e.g., palaeontology, sediment, and ecological surveys) to be conducted after the decision was already made, which they argue is unlawful.

APA

Centre for Environmental Rights (2019). APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE. https://cer.org.za/wp-content/uploads/2022/06/Annexure-C-MCWAP-2A-EA-Appeal.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE. 2019. https://cer.org.za/wp-content/uploads/2022/06/Annexure-C-MCWAP-2A-EA-Appeal.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE |date=15 April 2019 |url=https://cer.org.za/wp-content/uploads/2022/06/Annexure-C-MCWAP-2A-EA-Appeal.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2019appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE}}, publisher = {Centre for Environmental Rights}, year = {2019}, month = apr, url = {https://cer.org.za/wp-content/uploads/2022/06/Annexure-C-MCWAP-2A-EA-Appeal.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }