SUPPLEMENTARY APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000

This document is a supplementary appeal submitted by the Centre for Environmental Rights (CER) on behalf of GroundWork. It challenges the decision by the Nkangala District Municipality (NDM) to transfer a provisional atmospheric emission licence (PAEL) from Anglo Operations (Pty) Ltd to ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Limited for the Khanyisa Project.

• The appellant argues that the 2017 PAEL is invalid because it was based on a 2015 PAEL that did not reflect the current design and capacity of the Khanyisa Project, which increased from 450MW to 600MW.
• The appeal claims the Licensing Authority (LA) acted ultra vires by materially altering the licence during the transfer process rather than requiring a variation application under section 46 of the National Environmental Management: Air Quality Act, 2004 (AQA).
• The appellant asserts that the 2015 PAEL may have been invalid from the start because it was issued by the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs (MDARDLEA) in 2014, a period when the Nkangala District Municipality (NDM) claims it was the correct authorized Licensing Authority.
• The transfer application is alleged to be defective due to improper public notification, including incorrect legal references in advertisements and failure to publish in the required number of local newspapers.
• The appellant contends that the NDM's decision was arbitrary and irrational, specifically citing the LA's claim that a 33% increase in plant capacity would have no anticipated environmental impact simply because the coordinates remained the same.
• The appeal highlights that the 2017 PAEL included land not present in the 2015 version, such as Klippan 332, which added approximately 150ha for ash disposal, further necessitating a variation process.
• The appellant requests that the transfer of the 2015 PAEL be set aside and that ACWA be required to apply for a fresh PAEL for the 600MW project, including a new public participation process and detailed impact assessments.

APA

Centre for Environmental Rights (n.d.). SUPPLEMENTARY APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000. https://cer.org.za/wp-content/uploads/2018/08/Khanyisa-PAEL-transfer-supplementary-appeal-1-1.pdf?x21779

Chicago

Centre for Environmental Rights. SUPPLEMENTARY APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000. n.d. https://cer.org.za/wp-content/uploads/2018/08/Khanyisa-PAEL-transfer-supplementary-appeal-1-1.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=SUPPLEMENTARY APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000 |url=https://cer.org.za/wp-content/uploads/2018/08/Khanyisa-PAEL-transfer-supplementary-appeal-1-1.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndsupplementary, author = {{Centre for Environmental Rights}}, title = {{SUPPLEMENTARY APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2018/08/Khanyisa-PAEL-transfer-supplementary-appeal-1-1.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }