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This document is an appeal filed by groundWork and Earthlife Africa against decisions made by the National Air Quality Officer (NAQO) on 30 October 2021. The appeal disputes the granting of compliance postponements and suspensions regarding Minimum Emission Standards (MES) for several Eskom coal-fired power stations, arguing that these decisions violate the National Environmental Management: Air Quality Act (AQA), the 2017 National Framework for Air Quality Management, and the Constitution of South Africa.

The Centre for Environmental Rights (CER), acting for groundWork, sent a formal letter to the National Energy Regulator of South Africa (NERSA) on 30 October 2020. The letter requests detailed reasons and evidence for NERSA's decision to concur with a determination to procure 3,000 MW of gas and 1,500 MW of coal generation capacity between 2023 and 2027, as outlined in the Integrated Resource Plan for Electricity 2019–2030 (IRP 2019).

The Centre for Environmental Rights, acting on behalf of groundWork, has submitted a formal request to the South African Minister of Mineral Resources and Energy for written reasons regarding a Ministerial determination published on 25 September 2020. The determination outlines the procurement of new generation capacity from renewables, storage, gas, and coal based on the Integrated Resource Plan for Electricity 2019–2030 (IRP 2019). The request specifically challenges the inclusion of new fossil fuel capacity and seeks justification for the timing and scale of these allocations.

The Centre for Environmental Rights (CER) filed an internal appeal on 13 December 2019 against the Department of Environment, Forestry and Fisheries' decision to redact greenhouse gas (GHG) emission data and pollution prevention plans for several major South African emitters. The CER argues that the Department failed to provide adequate reasons for the redactions and that the information is of fundamental public interest, overriding claims of commercial confidentiality.

The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, has requested that the Development Bank of Southern Africa (DBSA) clarify its role in financing the Thabametsi and Khanyisa coal-fired power plants. The CER argues that financing these projects would be unreasonable due to their high greenhouse gas emissions, negative impacts on water and air quality, and the fact that South Africa currently has surplus base supply capacity.

This document contains replying submissions filed by groundWork (the Appellant) on 24 May 2019 in an appeal before the Nkangala District Municipality Appeal Authority. The appeal challenges the transfer of a 2015 Provisional Atmospheric Emission Licence (PAEL) to ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Limited (ACWA). groundWork argues that the transfer was unlawful due to procedural defects, a failure to consider relevant environmental and health evidence, the unauthorized material variation of the licence's physical scope, and the provision of misleading information regarding the project's capacity.