APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS

This document is a legal submission by groundWork, represented by the Centre for Environmental Rights, appealing to the Minister of Environmental Affairs to extend the deadline for filing an appeal against the environmental authorisation of the ACWA Power Khanyisa Thermal Power Station. The appellant argues that the authorisation is unlawful because it lacked a comprehensive climate change impact assessment, a requirement recently affirmed by the High Court in the Thabametsi judgment.

• groundWork is seeking an extension of the 20-day time limit to appeal the integrated environmental authorisation granted to ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Limited on 31 October 2013, which was subsequently amended four times between July 2015 and April 2017.
• The appeal is based on the 8 March 2017 'Thabametsi judgment' (Earthlife Africa Johannesburg v Minister of Environmental Affairs & Others), which established that a comprehensive climate change impact assessment must be conducted before granting environmental authorisation for new coal-fired power stations.
• groundWork contends that Khanyisa's environmental authorisation is unlawful because its impact assessments were deficient: it lacked a full life-cycle assessment of greenhouse gas emissions (including construction and decommissioning), failed to assess climate change resilience, and did not provide adequate mitigation strategies.
• The submission identifies several changed circumstances since the 2013 authorisation that warrant reconsideration, including the worsening air quality in the Highveld Air Quality Priority Area (HPA) and South Africa's 2016 ratification of the Paris Agreement.
• The document highlights a water quality crisis in the Upper Olifants River sub-catchment, where the power station and its ash disposal site would be located, noting that the river is 'in danger of collapse' due to pollution and governance failures.
• groundWork argues that granting the extension is justified ('good cause') because the power station has not yet commenced construction, has not reached 'financial and commercial close', and is still awaiting several licences, including an integrated water use licence (IWUL) and a NERSA electricity generation licence.

APA

Centre for Environmental Rights (2017). APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS. https://cer.org.za/wp-content/uploads/2014/06/gW-Submission-on-Condonation-for-NOITA_18-4-2017.pdf?x21779

Chicago

Centre for Environmental Rights. APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS. 2017. https://cer.org.za/wp-content/uploads/2014/06/gW-Submission-on-Condonation-for-NOITA_18-4-2017.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS |date=18 April 2017 |url=https://cer.org.za/wp-content/uploads/2014/06/gW-Submission-on-Condonation-for-NOITA_18-4-2017.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2017appeal, author = {{Centre for Environmental Rights}}, title = {{APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS}}, publisher = {Centre for Environmental Rights}, year = {2017}, month = apr, url = {https://cer.org.za/wp-content/uploads/2014/06/gW-Submission-on-Condonation-for-NOITA_18-4-2017.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }