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APPEAL RESPONSE REPORT
The Centre for Environmental Rights, representing MEJCON-SA and MACUA, has filed an appeal response report challenging the Environmental Authorisation (EA) granted to Tetra4 (Pty) Ltd for its Gas Gathering and Production Project in Virginia, Free State. The appellants argue that Tetra4 used a Basic Assessment Report (BAR) process to circumvent more rigorous Scoping and EIA requirements for the drilling of 18 additional wells, effectively 'project splitting' to avoid comprehensive environmental scrutiny. The report highlights critical failures in assessing climate change and geohydrology impacts, inadequate public participation—specifically the exclusion of farm workers and dwellers—and a lack of state capacity to monitor and enforce compliance in the oil and gas sector.
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Document type: Report
APPEAL PURSUANT TO SECTION 43(1A) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION RELATED TO THE ENVIRONMENTAL AUTHORISATION GRANTED TO AFRO ENERGY (PTY) LTD ON 23 JUNE 2025
The Free State Environmental Justice Network (FSEJN) has filed an appeal to the Minister of Forestry, Fisheries and the Environment to set aside an environmental authorisation (EA) granted on 23 June 2025 to Afro Energy (Pty) Ltd. The EA allows for the exploration of conventional natural gas across approximately 240,000 hectares in the Free State and Mpumalanga provinces. FSEJN argues that the decision by the Department of Mineral Resources and Energy (DMRE) was unlawful, irrational, and failed to adequately assess climate, air quality, geohydrological, and socio-economic impacts, while also neglecting meaningful public participation.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST AMENDED ENVIRONMENTAL AUTHORISATION GRANTED TO PHINDA POWER PROJECTS (PTY) LTD ON 2 AUGUST 2024
This document is a formal appeal submitted by groundWork and the South Durban Community Environmental Alliance (SDCEA) to the Minister of Forestry, Fisheries and Environment. The appeal seeks to set aside an Amended Environmental Authorisation (Amended EA) granted on 2 August 2024 to Phinda Power Projects (Pty) Ltd for a 320MW Emergency Risk Mitigation Power Plant in Alton, Richards Bay. The Appellants argue that the decision was unlawful, procedurally unfair, and failed to adequately assess the environmental and climate impacts of switching the plant's fuel source and technology.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(1) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISION REGARDING ESKOM’S APPLICATION FOR POSTPONEMENT OF COMPLIANCE TIMEFRAMES RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
This document is an appeal submitted by groundWork and the Vukani Environmental Justice Movement in Action against a decision by the National Air Quality Officer (NAQO) to grant Eskom a postponement of compliance with Minimum Emission Standards (MES) for the Kusile Power Station. The Appellants argue that the decision is unlawful, violates constitutional rights to a healthy environment, and was based on flawed health and atmospheric impact assessments and unfounded claims regarding the reduction of load shedding.
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Document type: Statement
APPEAL TO THE APPEAL AUTHORITY, DEPARTMENT OF ECONOMIC DEVELOPMENT, ENVIRONMENT AND TOURISM, LIMPOPO
This document is a formal appeal submitted by the Centre for Environmental Rights (CER) on behalf of four appellants—Earthlife Africa, groundWork, the Mining and Environmental Justice Community Network of South Africa, and Dzomo La Mupo—to the Member of the Executive Council (MEC) of the Limpopo Department of Economic Development, Environment and Tourism (LEDET). The appeal seeks to set aside Environmental Authorisation (EA) No. 12/1/9/2-V79, granted on 23 February 2022 to the Musina-Makhado Special Economic Zone (SOC) Ltd (MMSEZ). The EA allows for the site clearance of 3,863 hectares of indigenous vegetation and the development of bulk infrastructure in the Vhembe District of Limpopo. The appellants argue that the EA is unlawful due to procedural irregularities, a lack of authority by the decision-maker, failure to assess cumulative and climate impacts, and the disregard of cultural heritage and water scarcity issues.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
The Centre for Environmental Rights, acting on behalf of groundWork and Earthlife Africa, submitted an appeal to the Minister of Forestry, Fisheries and the Environment on 9 February 2022. The appeal seeks to set aside decisions made by the National Air Quality Officer on 30 October 2021 regarding Eskom's applications for alternative limits and the postponement and suspension of compliance timeframes under the National Environmental Management: Air Quality Act 39 of 2004 Minimum Emission Standards.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
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.
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Document type: Statement
APPEAL RESPONSE REPORT
This Appeal Response Report, submitted by Eskom Holdings SOC Limited to the Minister of the Department of Forestry, Fisheries and the Environment (DFFE), appeals the National Air Quality Officer's (NAQO) decisions regarding applications for postponements from the Minimum Emission Standards (MES) for various coal-fired power stations.
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Document type: Report
APPEAL RESPONSE REPORT DECISION
This document is an appeal response report filed by groundWork and Earthlife Africa, represented by the Centre for Environmental Rights, challenging decisions made by the National Air Quality Officer (NAQO) regarding Eskom Holdings SOC Ltd. The appellants argue that granting postponements and suspensions of compliance with Minimum Emission Standards (MES) for several coal-fired power stations in the Highveld Priority Area is unlawful and violates environmental laws and constitutional rights to health.
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Document type: Report
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST THE DECISION TO RE-ISSUE THE ENVIRONMENTAL AUTHORISATION GRANTED TO RICHARDS BAY GAS TO POWER 2 (PTY) LTD - AUTHORISATION NUMBER 14/12/16/3/3/2/867
This document is a cover letter from the organization groundWork to the South African Minister of Forestry, Fisheries and Environment, formally lodging an appeal under Section 43(2) of the National Environmental Management Act, 1998. The appeal seeks to set aside a decision made on 31 March 2021 by the Chief Director to re-issue an environmental authorisation (number 14/12/16/3/3/2/867) to Richards Bay Gas to Power 2 (Pty) Ltd.
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Document type: Statement
FILING NOTICE
This filing notice and updated practice note, submitted by the Centre for Environmental Rights (CER) on December 8, 2020, outlines an appeal in the High Court of South Africa (Gauteng Division, Pretoria). The appeal challenges a Water Tribunal decision that dismissed a previous appeal against the granting of a water use licence (WUL) to Atha-Africa Ventures (Pty) Ltd by the Department of Water and Sanitation.
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Document type: Briefing
NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002
The Centre for Environmental Rights (CER) filed a notice of appeal on 21 September 2020 against a decision by the Minister of Mineral Resources and Energy (or delegated official) to grant Mineral Sands Resources (Pty) Ltd (MSR) and Tormin Mineral Sands (Pty) Ltd an amendment to their mining rights under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA). The appeal seeks to set aside the amendment and suspend operations at the Tormin Mine extension, arguing that the process was used to unlawfully expand mining areas without proper public participation or consideration of the site's high biodiversity value.
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Document type: Statement
NOTICE OF APPEAL AGAINST THE DECISION TO GRANT APPLICATION FOR THE POSTPONEMENT OF COMPLIANCE TIME-FRAMES RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS (MES) UNDER REGULATION GOVERNMENT NOTICE 893, GOVEWRNMENT GAZETTE 37054, 2013 TO ARCELORMITTAL SA VANDERBIJLPARK STEEL WORKS (“AMSA”)
The Centre for Environmental Rights, acting on behalf of the Vaal Environmental Justice Alliance (VEJA) and groundWork, has filed a formal appeal to the Minister of Environment, Forestry and Fisheries against a decision to partially grant ArcelorMittal SA Vanderbijlpark Steel Works (AMSA) a postponement of compliance time-frames for Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
INTERNAL APPEAL PURSUANT TO THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
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.
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Document type: Report
Appeal response report
The Centre for Environmental Rights (CER) filed an appeal on July 9, 2019, against an integrated environmental authorisation (IEA) granted by the Department of Mineral Resources (DMR) to Mineral Sands Resources (Pty) Ltd (MSR). The authorisation allows MSR to extend mining operations at Tormin Mine, affecting ten beaches and inland areas on the Farm Geelwal Karoo 262 and other farms in the Varhynsdorp Magisterial District, Western Cape. The CER argues that the authorisation was granted through an unlawful circumvention of the mining right application process and fails to protect Critical Biodiversity Areas (CBAs).
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Document type: Report
APPEAL RESPONSE REPORT
The Centre for Environmental Rights (CER) filed an appeal on July 9, 2019, against an environmental authorisation granted by the Department of Mineral Resources (DMR) to Mineral Sands Resources (Pty) Ltd (MSR). The authorisation concerned the unlawful commencement of activities (Section 24G) at Tormin Mine on the Farm Geelwal Karoo 262 in the Western Cape. The CER argues that the authorisation is flawed due to a lack of practitioner independence and a failure to account for the site's location within critical biodiversity areas and a global biodiversity hotspot.
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Document type: Report
APPEAL RESPONSE REPORT
The Centre for Environmental Rights (CER) filed an appeal on 9 July 2019 against an environmental authorisation granted by the Department of Mineral Resources (DMR) to Mineral Sands Resources (Pty) Ltd (MSR). The authorisation concerned the unlawful commencement of activities (Section 24G) on the Farm Geelwal Karoo 262 in the Western Cape, specifically regarding the Tormin Mine.
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Document type: Report
NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)
A notice of appeal filed on 3 July 2019 by a coalition of eight civil society and community non-profit organisations, represented by the Centre for Environmental Rights (CER), challenging the decision of the Gert Sibande District Municipal Planning Tribunal to approve a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga Province.
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Document type: Statement
Appeal response report
This report is an appeal by the Centre for Environmental Rights (CER) against an integrated environmental authorisation (IEA) granted by the Department of Mineral Resources (DMR) to Mineral Sands Resources (Pty) Ltd (MSR). The appeal contests the expansion of mining operations at Tormin Mine, arguing that the authorisation was granted through an unlawful circumvention of the mining right application process and fails to adequately protect Critical Biodiversity Areas (CBAs).
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Document type: Report
APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE
This document is a formal appeal submitted by the Centre for Environmental Rights on behalf of Earthlife Africa and groundWork to the Minister of Environmental Affairs. The appeal seeks to set aside an Environmental Authorisation granted on 15 March 2019 to the Department of Water and Sanitation for Phase 2A of the Mokolo and Crocodile River (West) Augmentation Project (MCWAP-2A). The appellants argue that the project is unnecessary, environmentally damaging, and based on outdated energy demand assumptions.
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Document type: Statement