scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf

This document is a legal response submitted by ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Ltd (ACWA) to the Minister of Environmental Affairs. ACWA objects to a condonation application by the NGO Groundwork, which seeks to appeal the integrated environmental authorisation for the Khanyisa Thermal Power Station. ACWA argues that Groundwork's notice of intention to appeal was filed excessively late and that the legal justifications provided—specifically the reliance on the Thabametsi judgment regarding climate change assessments—are legally unsound.

• ACWA argues that Groundwork's notice of intention to appeal was filed significantly past the legal deadline. Depending on the calculation method, the notice was either approximately 3 years and 4 months late (calculated from the decision date of 31 October 2013) or 21 months late (calculated from when Groundwork claims it became aware of the decision on 10 June 2015).
• Groundwork sought condonation based on the Thabametsi judgment (Earthlife Africa Johannesburg v Minister of Environmental Affairs), which confirmed the legal duty to conduct climate-change assessments under section 24O(1) of the National Environmental Management Act (NEMA). ACWA contends that because judges interpret law rather than make it, this duty existed from the date of enactment (1 May 2009) and therefore does not justify a late appeal.
• ACWA asserts that granting condonation would cause significant financial prejudice. The company reports spending approximately ZAR 28 million and committing a further ZAR 32 million in reliance on the environmental authorisation. Additionally, ACWA entered into a limited notice to proceed (LNTP) agreement with its EPC Contractor, committing a further US$ 10 million for detailed engineering and site geotech investigations.
• ACWA rejects Groundwork's argument that recent amendments to the environmental authorisation justify the late appeal. ACWA notes that amendments occurred on 28 July 2015 (increasing capacity from 450MW to 600MW), 25 February 2016 (road realignment), 2 February 2017 (name changes), and 3 April 2017 (kinetic leach testing date), but argues these do not excuse the delay.
• ACWA contends that 'changed circumstances' are inadmissible as a basis for condonation. It argues that an appeal is directed at the correctness of a decision at the time it was taken and that the 2010 EIA Regulations provide a separate mechanism (regulation 38(2)(b) and 43(a)) for the Minister to amend authorisations to prevent environmental deterioration.

APA

Centre for Environmental Rights (n.d.). scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf. https://cer.org.za/wp-content/uploads/2014/06/Scanned-from-a-Xerox-Multifunction-Printer.pdf?x21779

Chicago

Centre for Environmental Rights. scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf. n.d. https://cer.org.za/wp-content/uploads/2014/06/Scanned-from-a-Xerox-Multifunction-Printer.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf |url=https://cer.org.za/wp-content/uploads/2014/06/Scanned-from-a-Xerox-Multifunction-Printer.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndscannedfromaxeroxmultifunctionprinter278dd015871594fapdf, author = {{Centre for Environmental Rights}}, title = {{scanned-from-a-xerox-multifunction-printer-278dd015871594fa.pdf}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2014/06/Scanned-from-a-Xerox-Multifunction-Printer.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }