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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
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 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
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 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
PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000
This document is a provisional appeal filed on 13 November 2017 by groundWork, represented by the Centre for Environmental Rights, against the transfer of a provisional atmospheric emission licence (PAEL) for the Khanyisa coal-fired power station. The appellant argues that the transfer from Anglo Operations (Pty) Ltd to ACWA Power Khanyisa Thermal Power Station RF (Pty) Ltd is invalid because the licence does not reflect the project's increased capacity of 600MW, fails to account for cumulative air quality impacts in the Highveld Priority Area, and was processed without required public participation or valid delegation of authority.
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Document type: Statement
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.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004
This document is a statement of grounds of appeal filed on 13 October 2016 by eight environmental and community organisations against the approval of the Environmental Management Programme (EMPR) for the Yzermyn underground coal mine. The appellants argue that the approval, granted by the Mpumalanga Regional Manager of the Department of Mineral Resources (DMR) on 28 June 2016, ignored critical biodiversity risks, failed to provide adequate mitigation for water resource degradation, and disregarded the socio-economic vulnerability of local rural communities.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 43(2) OF NEMA AND REGULATION 61 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
A statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation granted on 7 June 2016 to Atha Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine near Wakkerstroom, Mpumalanga. The appellants argue that the authorisation is based on a fundamentally flawed Environmental Impact Assessment Report (EIAR) that ignores critical biodiversity risks, fails to address socio-economic impacts on vulnerable communities, and was granted by an incorrect competent authority.
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Document type: Statement
APPELLANT’S ANSWERING STATEMENT IN TERMS OF REGULATION 63(2) (b) OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 GN R543 IN GG 33306
This Answering Statement, filed by groundWork through the Centre for Environmental Rights, challenges the environmental authorisation granted to Kuyasa Mining (Pty) Ltd for a 600 MW coal-fired power plant near Delmas, Mpumalanga. The Appellant argues that the Environmental Assessment Practitioner (EAP) lacked independence, the project's location in a Highveld Priority Area hotspot will exacerbate air pollution, and the environmental impact assessment failed to adequately address climate change and water scarcity.
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AND THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT: NATIONAL APPEAL REGULATIONS, 2014 AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED TO COLENSO POWER (PTY) LTD FOR THE ESTABLISHMENT OF THE 1050MW COLENSO COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE NEAR COLENSO, KWAZULU-NATAL PROVINCE
The Centre for Environmental Rights, acting on behalf of groundwork and the South Durban Community Environmental Alliance, submitted a formal appeal on 1 March 2016 to the Minister of Environmental Affairs. The appeal challenges the integrated environmental authorisation issued on 5 February 2016 for the construction of the 1050MW Colenso coal-fired power station and its associated infrastructure in KwaZulu-Natal.
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Document type: Statement
INTERNAL APPEAL TO THE DIRECTOR GENERAL OF THE DEPARTMENT OF MINERAL RESOURCES
The Federation for a Sustainable Environment (FSE), represented by the Centre for Environmental Rights (CER), filed an internal appeal to the Director General of the Department of Mineral Resources (DMR) on July 21, 2015. The appeal challenges the DMR's partial refusal to grant access to records regarding the Yzermyn underground coal mine project in Mpumalanga, which the FSE requested under the Promotion of Access to Information Act 2 of 2000 (PAIA).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S LETHABO POWER STATION ATMOSPHERIC EMISSION LICENCE FDDM-MET-2011-08-P1 ISSUED ON 1 APRIL 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vaal Environmental Justice Alliance, filed an appeal on May 28, 2015, against the atmospheric emission licence (AEL) FDDM-MET-2011-08-P1 issued to Eskom's Lethabo Power Station. The appeal argues that the Fezile Dabi District Municipality failed to consider critical health impacts and ambient air quality standards when varying the AEL to incorporate the National Air Quality Officer's (NAQO) decisions to postpone compliance with Minimum Emission Standards (MES).
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Document type: Statement
APPEAL IN TERMS OF SECTION 62 OF ESKOM’S CAMDEN POWER STATION ATMOSPHERIC EMISSION LICENCE MSUKALIGWA/ESKOM H SOC LTD/CPS/0012/2015/F02 ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network, filed an appeal on May 20, 2015, against the atmospheric emission licence (AEL) issued to Eskom's Camden Power Station. The appeal argues that the Gert Sibande District Municipality failed to consider the severe health impacts and poor air quality of the Highveld Priority Area (HPA) when granting emission limit postponements that allow pollutants to exceed national minimum emission standards (MES).
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Document type: Statement