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RELEVANT INFORMATION ON THE COAL INDEPENDENT POWER PRODUCERS (IPPS)
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs on May 22, 2018, opposing the approval of coal-fired Independent Power Producers (IPPs), specifically Thabametsi and Khanyisa. The CER argues that these projects are unnecessary, economically damaging, and environmentally catastrophic, citing high greenhouse gas emissions, water scarcity, and air pollution in priority areas.
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Document type: Statement
DOCUMENTATION FOR MITIGATION PATHWAYS AND ADDITIONAL CLIMATE MITIGATION AND ADAPTATION DOCUMENTS/PROJECTS
The Centre for Environmental Rights (CER) submitted a formal statement to the South African Department of Environmental Affairs on 23 February 2018, requesting clarity on the strategic alignment of various climate mitigation and adaptation documents, including the 'Pathways documents'. The CER expressed concern over the lack of transparency regarding the purpose of these documents and the confidentiality of pollution prevention plans for major emitters, while arguing that climate modelling should reflect research showing that new coal-fired power capacity is unnecessary for South Africa's energy security.
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Document type: Statement
PUBLIC HEARINGS IN RESPECT OF THE GENERATION LICENCE APPLICATIONS FOR THE PROPOSED KHANYISA AND THABAMETSI INDEPENDENT POWER PRODUCER COAL-FIRED POWER STATIONS
The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg and groundWork, submitted a letter to the National Energy Regulator of South Africa (NERSA) on 16 February 2018 requesting the postponement of public hearings for the proposed Thabametsi and Khanyisa coal-fired power stations. The CER argues that pending litigation over environmental authorisations, missing water and atmospheric emission licences, and the lack of a promulgated new Integrated Resource Plan (IRP) prevent NERSA from making a legally consistent and public-interest-based decision.
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Document type: Statement
MINISTER’S DECISION TO UPHOLD THE ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED THABAMETSI COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER) has notified the Portfolio Committee on Environmental Affairs of its intention to challenge the Minister of Environmental Affairs' January 30, 2018, decision to uphold the environmental authorisation for the proposed Thabametsi coal-fired power station. The CER argues the decision is unreasonable and unlawful, as it relies on an outdated energy policy to justify a project with very high greenhouse gas emissions and water scarcity risks, contradicting a previous High Court judgment regarding the necessity of independent climate impact assessments.
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Document type: Statement
UPDATE ON THE THABAMETSI POWER COMPANY (PTY) LIMITED AND ACWA POWER KHANYISA THERMAL POWER STATION (RF) (PTY) LIMITED INDEPENDENT POWER PRODUCER PROJECTS
The Centre for Environmental Rights (CER), representing Earthlife Africa Johannesburg and groundWork, sent a letter to the South African Department of Energy's IPP Office on 6 April 2017. The letter alerts the Department that two preferred bidders under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP)—Thabametsi Power Company and ACWA Power Khanyisa—appear unable to meet the legal qualification criteria for financial and commercial close due to missing or contested environmental and generation licenses.
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Document type: Statement
JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003
A joint letter from several environmental organisations to the South African Minister of Environmental Affairs expressing concern over the decision to allow commercial mining in the Mabola Protected Environment and requesting stricter procedural fairness for future applications under section 48(1)(b) of the National Environmental Management: Protected Areas Act, 2003 (NEMPAA).
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER) submitted a formal statement to the Dr Pixley Ka Isaka Seme Local Municipality challenging a land use application for Portion 1 of the Farm Yzermyn 96 HT. The CER argues that the application for rezoning is legally flawed because no town-planning scheme exists for the area, and that the process has failed to meet statutory requirements for public notice and inspection.
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Document type: Statement
Open letter to Environmental Affairs Minister Edna Molewa on talks with Sasol
An open letter from 11 civil society and community organisations to South Africa's Minister of Environmental Affairs, Edna Molewa, urging the government to reject requests for exemptions from air pollution standards by Sasol and the National Petroleum Refiners of SA (Natref).
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Document type: Statement
ESKOM SOC HOLDINGS LTD’S (ESKOM) APPLICATION TO POSTPONE COMPLIANCE WITH AND/OR BE EXEMPT FROM MINIMUM EMISSION STANDARDS FOR SULPHUR DIOXIDE (SO2), NITROGEN OXIDES (NOX), AND PARTICULATE MATTER (PM) FOR ITS POWER STATIONS
The Centre for Environmental Rights (CER), representing several community and environmental groups, submitted a letter to the South African Minister of Water and Environmental Affairs and the National Air Quality Officer. The letter challenges Eskom's applications to postpone or be exempt from Minimum Emission Standards (MES) for sulphur dioxide, nitrogen oxides, and particulate matter across 17 power stations, arguing that the current application process lacks necessary health risk assessments and adequate public participation.
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Document type: Statement
DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751
This document is a detailed statement submitted by the Center for International Environmental Law (CIEL) to the United States Patent and Trademark Office (PTO) requesting the reexamination of U.S. Plant Patent No. 5,751. The patent, issued to Loren S. Miller for a cultivar of Banisteriopsis caapi named "Da Vine," is challenged on the grounds that the plant is neither new nor distinct, is found in an uncultivated state, and violates public policy and morality by appropriating sacred indigenous knowledge.
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Document type: Statement
20170921111638401-7b2f1113e0d7a09c.pdf
This document is a legal affidavit filed by the Centre for Environmental Rights (CER) challenging decisions made by the South African Ministers of Environment and Mineral Resources to permit coal mining by Atha in the Mpumalanga Protected Environment (MPE). The CER argues that these decisions were procedurally unfair, based on outdated environmental reports, and ignored critical statutory duties regarding local community interests, international environmental obligations, and the precautionary principle.
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Document type: Report
applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf
This document is a legal notice filed in the High Court of South Africa (Gauteng Division, Pretoria) in August 2017. It outlines the grounds upon which several applicants, including Mining and Environmental Justice and GroundWork, seek the review and setting aside of decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to allow Atha-Africa Ventures (Pty) Ltd to conduct commercial mining in the Mabola Protected Environment.
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Document type: Statement
cer-letter-to-ipp-unit-18-10-16-8b1d0f21e027627a.pdf
The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg (ELA), wrote to the Department of Energy on 18 October 2016 to question the appointment of Thabametsi Power Company (Pty) Limited as a preferred bidder for a coal-fired power station. The CER highlights a pending High Court review application regarding the project's environmental authorisation, specifically the failure to conduct a climate change impact assessment, and requests clarity on whether Thabametsi disclosed this legal challenge to the Department as required by the procurement criteria.
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Document type: Statement
ela-nersa-objections-of-15-december-2016-a8148328f3a7f5d9.pdf
Earthlife Africa Johannesburg (ELA) submitted formal objections to the National Energy Regulator of South Africa (NERSA) regarding a license application by Thabametsi Power Company (Pty) Limited to operate a 630MW coal-fired power plant near Lephalale, Limpopo. ELA argues that the project is financially risky, environmentally damaging, and inconsistent with South Africa's international climate commitments under the Paris Agreement.
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Document type: Statement
founding-affidavit-5-a3e6db7eb939cdcd.pdf
This statement, submitted by Earthlife Africa, argues that the environmental authorisation for the Thabametsi coal-fired power station was granted unlawfully because it lacked a necessary climate change impact assessment. The document outlines the specific requirements for such an assessment and presents four legal grounds for reviewing and setting aside the decisions made by the Chief Director and the Minister, citing breaches of the National Environmental Management Act (NEMA) and the 2010 EIA Regulations.
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Document type: Statement
rule-16a-notice-1b005f539bfbe3f3.pdf
This document is a legal notice filed in the High Court of South Africa on May 21, 2014, by Sasol Synfuels (Pty) Ltd, National Petroleum Refiners of South Africa (Pty) Ltd, and Sasol Infrachem. The applicants challenge the constitutionality of minimum emission standards published by the Minister of Water and Environmental Affairs under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
TotalEnergies in the Deep Water Orange Basin block
A fact sheet by Natural Justice detailing a legal challenge brought by the Aukotowa Primary Fishing Cooperative, The Green Connection, and Natural Justice against the South African government's decision to grant TotalEnergies EP South Africa S.A.S environmental authorisation for ultra-deep water exploration in the Deep Water Orange Basin (DWOB).
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Document type: Fact sheet
TGS Geophysical Company West Coast Seismic Survey
This fact sheet outlines a legal challenge brought by Aukotowa Fisheries Primary Co-operative, The Green Connection, and Natural Justice against the South African state and TGS Geophysical Company. The applicants are seeking to set aside the environmental authorisation for a three-dimensional (3D) seismic survey off the West Coast of South Africa, arguing that the decision was unlawful, ignored climate commitments, and threatened the livelihoods of small-scale fishers.
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Document type: Fact sheet
ISICELO SOKUDIBANISA 5/6/7
This fact sheet details a legal challenge by Green Connection (TGC) and Natural Justice (NJ) against the environmental authorization granted to Total Energies EP South Africa Block 567 (Pty) Ltd for offshore oil exploration between Cape Town and Cape Agulhas. It outlines six grounds for judicial review and discusses Total's request to join Shell to the legal proceedings following Total's announcement in May 2024 that it would withdraw from exploration in Block 567.
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Document type: Fact sheet