WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017

This document is a written response from Atha-Africa Ventures (Pty) Ltd (the Second Respondent) to a substituted appeal submitted on 1 December 2017. The appeal, lodged by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture, challenges the Director-General of the Department of Water and Sanitation's decision to grant a water use licence for the Yzermyn Project. Atha-Africa argues that the Appellants rely on outdated reports and a misunderstanding of the precautionary principle, asserting that the project's environmental impacts are localised, manageable through mitigation, and balanced by significant socio-economic benefits.

• Atha-Africa asserts that the surface infrastructure footprint of the Yzermyn Project was reduced from approximately 80 hectares to 22.4 hectares and re-engineered to minimize wetland impact, with only 2.9 hectares of previously disturbed wetlands being directly disturbed.
• The respondent argues that the underground mining operations will have limited impact on surface wetlands because the mining void will be 1.2 km below the surface and there is limited connectivity between shallow and deep aquifers.
• Atha-Africa claims that the Natural Scientific Services Report (2013), relied upon by the Appellants, is outdated and unreliable because it assumed high hydraulic connectivity between aquifers and used an outdated site layout.
• The respondent states that the Yzermyn Project is not situated within the Enkangala Drakensberg Strategic Water Source Area, but within Quaternary Catchment W51A in the Nkomati-uSutu Water Management Area.
• The respondent contends that the project will provide socio-economic benefits to historically disadvantaged communities, including Yzermyn Farm Community, Dirkiesdorp, and eSizameleni, through employment and skills development.
• Atha-Africa maintains that the precautionary principle does not prohibit development in the face of scientific uncertainty but requires proceeding with caution and implementing cost-effective mitigation measures.
• The respondent argues that the project is of strategic importance to South Africa as it involves significant foreign investment, with approximately R 600 million already spent and an expected further expenditure of R 700 million to R 1 billion to bring the project into operation.
• Atha-Africa asserts that post-closure water treatment is planned using reverse osmosis technology and that the modular nature of the plant allows for future technological upgrades.

APA

Centre for Environmental Rights (n.d.). WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017. https://cer.org.za/wp-content/uploads/2018/04/Atha-Africa-Ventures-Response-to-Amplified-Appeal.pdf?x21779

Chicago

Centre for Environmental Rights. WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017. n.d. https://cer.org.za/wp-content/uploads/2018/04/Atha-Africa-Ventures-Response-to-Amplified-Appeal.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017 |url=https://cer.org.za/wp-content/uploads/2018/04/Atha-Africa-Ventures-Response-to-Amplified-Appeal.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndwritten, author = {{Centre for Environmental Rights}}, title = {{WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2018/04/Atha-Africa-Ventures-Response-to-Amplified-Appeal.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }