NATIONAL ENVIRONMENTAL CONSULTATIVE ADVISORY FORUM IN TERMS OF SECTION 3A OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998

The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa, and the Vaal Environmental Justice Alliance (VEJA), issued a statement to the National Environmental Consultative and Advisory (NECA) Forum regarding the consultative process established under section 3A of the National Environmental Management Act (NEMA). The CER outlines legal requirements for compliance with Minimum Emission Standards (MES) and sets minimum conditions for the Forum's operations to ensure transparency and the protection of affected communities' rights.

• The National Environmental Consultative and Advisory (NECA) Forum was established to advise the Minister on applications for the suspension or postponement of compliance with Minimum Emission Standards (MES) and the issuance of provisional atmospheric emission licences. Its purpose is to conduct a consultative process with interested and affected parties to assess research and analysis and provide the Minister with practical options to resolve non-compliance issues.
• The CER and its clients have filed appeals against decisions by the National Air Quality Officer (NAQO) regarding MES compliance for Eskom and ArcelorMittal (AMSA). The Eskom appeal concerns nine facilities: Camden, Hendrina, Arnot, Komati, Grootvlei, Kriel, Majuba, and Tutuka. The AMSA appeal has been pending since 15 September 2020, with a decision due on 1 February 2021.
• Under the Air Quality Act (AQA) and the List of Activities, existing plants were required to meet lenient standards by 1 April 2015 and stricter new plant standards by 1 April 2020. Postponements for the 2020 MES are limited to one per pollutant and cannot exceed five years, meaning all plants must comply by 31 March 2025 unless a valid suspension is granted. Facilities unable to comply must be decommissioned by 31 March 2030.
• The CER asserts that the Minister has limited flexibility in deciding appeals because emitters cannot lawfully apply for MES postponements or suspensions unless the ambient air quality in the three priority air-shed areas complies with National Ambient Air Quality Standards (NAAQS).
• The CER identifies a conflict in the Forum's timeline: the Terms of Reference specify the panel's work must be completed within 6 months, while the appointment notice establishes the Forum for 12 months from August 2022. The CER demands the original 6-month timeframe be honored to avoid further delaying appeal decisions that are already out of time.
• The CER demands full transparency from the Forum, including the publication of all relied-upon documents, reports, and drafts, and that hearings be conducted in public. Specifically, the CER notes it has not yet received the Eskom appeals, the SO2 panel report, or the final DFFE 2019: Highveld Health Report.

APA

Centre for Environmental Rights (2022). NATIONAL ENVIRONMENTAL CONSULTATIVE ADVISORY FORUM IN TERMS OF SECTION 3A OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998. https://cer.org.za/wp-content/uploads/2023/02/CER-Letter-to-FFE_MES-Forum_8.9.2022.pdf?x21779

Chicago

Centre for Environmental Rights. NATIONAL ENVIRONMENTAL CONSULTATIVE ADVISORY FORUM IN TERMS OF SECTION 3A OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998. 2022. https://cer.org.za/wp-content/uploads/2023/02/CER-Letter-to-FFE_MES-Forum_8.9.2022.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=NATIONAL ENVIRONMENTAL CONSULTATIVE ADVISORY FORUM IN TERMS OF SECTION 3A OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 |date=8 September 2022 |url=https://cer.org.za/wp-content/uploads/2023/02/CER-Letter-to-FFE_MES-Forum_8.9.2022.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2022national, author = {{Centre for Environmental Rights}}, title = {{NATIONAL ENVIRONMENTAL CONSULTATIVE ADVISORY FORUM IN TERMS OF SECTION 3A OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998}}, publisher = {Centre for Environmental Rights}, year = {2022}, month = sep, url = {https://cer.org.za/wp-content/uploads/2023/02/CER-Letter-to-FFE_MES-Forum_8.9.2022.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }