APPEAL RESPONSE REPORT

This Appeal Response Report, submitted by the Centre for Environmental Rights on behalf of MEJCON-SA and MACUA, argues that the Environmental Authorisation (EA) for Tetra4's Cluster 2 gas production expansion should be set aside. The appellants contend that the project's Final Environmental Impact Assessment Report (FEIAR) contains fatal flaws regarding groundwater impact analysis, climate change assessments, and public participation processes. Furthermore, they argue the project is neither necessary nor desirable due to the risk of stranded assets and the availability of cheaper renewable energy alternatives, and that South Africa lacks the regulatory capacity to monitor and enforce compliance in the gas sector.

• The groundwater impact analysis in the FEIAR is described as 'fatally flawed' and 'riddled with critical data gaps'. An expert review by Dr. Steven Campbell found that the computer groundwater-flow model used by Tetra4 disregards the complex nature of fractured-rock aquifers and relies on sparse site-specific data, with approximately 85% of the model domain lacking field-measured head data to constrain groundwater distribution and flow patterns.
• The Climate Change Impact Assessment (CCIA) is alleged to significantly underestimate the project's global warming potential. Dr. Eloise Marais identified missing Scope 1 and Scope 3 emissions estimates, including the omission of operational gas production fugitives and flaring methane (CH4) emissions. The report notes that the CCIA fails to align with the 'Thabametsi judgment', which requires a full life-cycle GHG emissions assessment.
• The project's public participation process is claimed to be inadequate, particularly regarding vulnerable populations. The appellants state that Tetra4 made 'little to no attempt' to ensure that people living and working on the 66 affected 'parent farms' were meaningfully consulted. Evidence provided suggests low attendance at community meetings and a lack of documentation distributed to participants during consultations.
• The report argues that the project is not 'necessary or desirable' because it risks creating 'stranded assets'—infrastructure that loses value as the world transitions from fossil fuels. It asserts that renewable energy alternatives, such as wind and solar, are significantly cheaper and can be established faster than gas-fired energy, yet these were not adequately assessed as alternatives in the FEIAR.
• The project is expected to have adverse socio-economic impacts on the agricultural and tourism sectors in the Free State. The report notes a lack of assessment by an agricultural economist despite recommendations, and claims the project will cause 'economic displacement' for farmers and workers. Additionally, the economic impact on the tourism sector, a leading industry in the Matjhabeng Local Municipality, was not assessed.
• The appellants contend that South Africa lacks the institutional capacity to monitor and enforce environmental compliance for gas operations. They state that as of 2023, all 94 designated Environmental Mineral Resource Inspectors (EMRIs) are designated for mining, with none designated for the gas sector, and that the Petroleum Agency SA (PASA) operates only a single office in Cape Town.

APA

Centre for Environmental Rights (n.d.). APPEAL RESPONSE REPORT. https://cer.org.za/wp-content/uploads/2023/12/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL RESPONSE REPORT. n.d. https://cer.org.za/wp-content/uploads/2023/12/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPEAL RESPONSE REPORT |url=https://cer.org.za/wp-content/uploads/2023/12/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndappeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL RESPONSE REPORT}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2023/12/Appeal-Response-Report-CER-obo-MEJCON-SA-and-MACUA.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }