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Short Heads of Argument for First Respondent
This document contains the Short Heads of Argument filed on 11 March 2021 by the First Respondent, Uthaka Energy (Pty) Ltd, in the High Court of South Africa (Gauteng Division, Pretoria). Uthaka argues against an urgent application for an interim interdict brought by the Mining and Environmental Justice Community Network of South Africa and others, which seeks to stop the commencement of the Yzermyn Underground Coal-mining Project. Uthaka contends that it possesses all necessary statutory authorisations and that the application lacks urgency, a prima facie right, and a reasonable apprehension of irreparable harm.
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Document type: Briefing
Poland’s second BEŁCHATÓW
This report by Ember analyzes methane emissions from Poland's coal mining sector in 2018, highlighting that Poland was responsible for 70% of methane leaks from operational coal mines in Europe. The document quantifies the climate impact of these leaks, identifies the primary corporate emitters, and proposes six solutions to reduce emissions, including legislative action from the European Commission and the inclusion of methane in the EU Emissions Trading Scheme by 2030.
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Document type: Report
Drugi Bełchatów. Metan kopalniany w Polsce
This report by Ember analyzes methane emissions from Polish coal mines in 2018, highlighting that Poland accounted for 70% of methane leaks from active coal mines in Europe. The document argues that these emissions have a more significant climate impact than the CO2 emissions from the Bełchatów Power Plant and identifies specific companies and mines responsible for the majority of these leaks, while proposing six policy solutions to reduce emissions.
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Document type: Report
The killing of Somkhele environmental activist Fikile Ntshangase: A joint statement
A joint statement by several human rights and environmental organizations condemning the murder of Fikile Ntshangase, a leader in the Mfolozi Community Environmental Justice Organisation (MCEJO) who opposed the expansion of a Tendele Coal Mining (Pty) Ltd mine in KwaZulu-Natal.
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Document type: Statement
SECOND RESPONDENT’S PRACTICE NOTE
This document is a practice note filed on 7 August 2020 by the legal representatives of Atha-Africa Ventures (Pty) Ltd (the Second Respondent) in the High Court of South Africa, Gauteng Division, Pretoria. It outlines the Second Respondent's position regarding a special appeal brought by the Endangered Wildlife Trust and the Federation for a Sustainable Environment against a Water Tribunal decision that confirmed the granting of a Water Use License for the Underground Yzermyn Coalmining Project.
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Document type: Briefing
IN THE SUPREME COURT OF SOUTH AFRICA SCA CASE NO: 1105/2019 KZP CASE NO: 11488/17P In the matter between: GLOBAL ENVIRONMENTAL TRUST First Appellant (1st Applicant in the court a quo) MFOLOZI COMMUNITY ENVIRONMENTAL JUSTICE ORGANISATION (2nd Applicant in the court a quo) SABELO DUMISANI DLADLA Third Appellant (3rd Applicant in the court a quo) and TENDELE COAL MINING (PTY) LTD First Respondent (1st Respondent in the court a quo) MINISTER OF MINERALS AND ENERGY Second Respondent (2 nd Respondent in the court a quo) MEC: DEPARTMENT OF ECONOMIC DEVELOPMENT TOURISM AND ENVIRONMENTAL AFFAIRS Third Respondent (3rd Respondent in the court a quo) MINISTER OF ENVIRONMENTAL AFFAIRS Fourth Respondent (4th Respondent in the court a quo) MTUBATUBA MUNICIPALITY Fifth Respondent (5th Respondent in the court a quo) HLABISA MUNICIPALITY Sixth Respondent (6th Respondent in the court a quo) INGONYAMA TRUST Seventh Respondent (7th Respondent in the court a quo) EZEMVELO KZN WILDLIFE Eighth Respondent (8th Respondent in the court a quo) AMAFA EKWAZULU-NATAL HERITAGE COUNCIL Ninth Respondent (9th Respondent in the court a quo) CENTRE FOR ENVIRONMENTAL RIGHTS Amicus Curiae
This document consists of a practice note and heads of argument filed by Tendele Coal Mining (Pty) Ltd in the Supreme Court of Appeal of South Africa. Tendele is responding to an appeal by the Global Environmental Trust and others who seek an interdict to close the Somkhele Coal Mine, alleging that the mine operates without necessary environmental, land use, waste management, and heritage authorizations.
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Document type: Briefing
PROVISION OF WATER TANKS AND RELIABLE WATER SUPPLY TO EMALAHLENI COMMUNITIES AS A MATTER OF URGENCY
The Centre for Environmental Rights, acting for the Vukani Environmental Justice Movement in Action (VEM), wrote to Minister Lindiwe Sisulu on 9 April 2020 to demand urgent water provision for communities in and around eMalahleni. The letter highlights that several areas have lacked reliable water since September 2019, forcing residents to use contaminated streams, which increases health risks during the COVID-19 pandemic.
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Document type: Statement
APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY
This document contains legal submissions by a coalition of eight environmental organisations, represented by the Centre for Environmental Rights, appealing a decision by the Gert Sibande District Joint Municipal Planning Tribunal. The appeal seeks to revoke the approval of a land-use change application by Atha-Africa Ventures (Pty) Ltd to enable the construction of the Yzermyn Underground Coal Mine on Portion 1 of the farm Yzermyn 96 HT, arguing that the decision is unlawful, environmentally catastrophic, and contrary to national water security interests.
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Document type: Report
Navigating coal mining closure and societal change
This research paper by the Stockholm Environment Institute examines the economic, social, and political consequences of coal mine closures at national and subnational levels, utilizing a systematic map of published literature on declining extractive-based economies to derive lessons for current coal-producing areas.
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Document type: Research paper
Distressed Mining Community of Ogies v Glencore Operations South Africa (Pty) Ltd and Others (8 July 2019)
This case study details a 2019 South Gauteng High Court judgment in which an application by the Distressed Mining Community of Ogies to stop Glencore Operations South Africa (Pty) Ltd from creating a nuisance through coal mine blasting was dismissed.
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Document type: Case study
Gloucester Resources Limited v Minister of Planning
The New South Wales Court of Appeal upheld the Minister of Planning's decision to refuse the Rocky Hill Coal Project proposed by Gloucester Resources Limited, citing significant negative impacts on land use, society, and the climate.
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Document type: Case study
PETITION TO BE GRANTED INTERVENER STATUS IN RE: APPEAL BY THE PRACTICE GROUP (PTY) LTD (ON BEHALF OF ATHA VENTURES AFRICA (PTY) LTD) AGAINST THE DECISION OF THE JOINT MUNICIPAL PLANNING TRIBUNAL SITTING IN THE APPLICATION FOR CHANGE IN LAND-USE (IN TERMS OF REGULATION 18 OF THE SPLUM REGULATIONS) IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
A petition submitted by eight civil society organisations, represented by the Centre for Environmental Rights (CER), seeking intervener status in an appeal by the Practice Group (Pty) Ltd on behalf of Atha-Africa Ventures (Pty) Ltd. The appeal concerns a land-use change application for Portion 1 of Yzermyn 96 HT in the Dr Pixley Ka Isaka Seme Local Municipality, Mpumalanga, to transition the land from agriculture to mining.
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Document type: Statement
OBJECTION BY COALITION OF EIGHT CIVIL SOCIETY ORGANISATIONS AGAINST EXCLUSION OF PROPERTIES FROM THE EXISTING MABOLA PROTECTED ENVIRONMENT
A formal objection submitted by a coalition of eight civil society organisations, represented by the Centre for Environmental Rights, against the Mpumalanga MEC's proposal to exclude specific properties from the Mabola Protected Environment (MPE) to facilitate coal mining.
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Document type: Statement
Global Environmental Trust and others v Tendele Coal Mining (Pty) Ltd and others
A case study regarding a legal challenge by the Global Environmental Trust and others against Tendele Coal Mining (Pty) Ltd, where the High Court of South Africa dismissed an application to stop coal mining operations near the Hluhluwe-Imfolozi Nature Reserve.
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Document type: Case study
Spatial Challenges and Opportunities Report
The Spatial Challenges and Opportunities Report (2018) provides a comprehensive biophysical, socio-economic, and built environment analysis of Mpumalanga Province to inform its Provincial Spatial Development Framework (PSDF). The report identifies a resource-based economy heavily dependent on coal mining and electricity generation, while highlighting significant spatial fragmentation, infrastructure backlogs, and environmental threats to biodiversity and water sources.
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Document type: Report
GRIEVANCES ABOUT THE PARTICIPATION OF THE CENTRE FOR ENVIRONMENTAL RIGHTS
The Centre for Environmental Rights (CER) issued this formal response on 16 August 2018 to a memorandum of grievances from The Voice Community Representative Council regarding legal challenges against a proposed coal mine by Atha-Africa Ventures (Pty) Ltd. CER clarifies its role as a non-profit law clinic representing eight civil society organisations, denies representing local farmers or specific agencies, and outlines the environmental and socio-economic risks associated with the proposed mine in a protected area.
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Document type: Statement
INVITATION TO PRESENT ON THE SOCIAL, ECONOMIC AND ENVIRONMENTAL IMPACTS AND REMEDIATION OF A PROPOSED COAL MINING PROJECT NEAR WAKKERSTROOM
The Centre for Environmental Rights (CER) issued a letter to The Voice Community Representative Council declining an invitation to debate a proposed coal mine by Atha-Africa Ventures Pty Ltd, citing ongoing legal proceedings. Instead, CER invited The Voice to visit Emalahleni, Mpumalanga, to see the actual impacts of coal mining and meet with affected community organisations.
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Document type: Statement
APPLICANTS’ HEADS OF ARGUMENT
This document contains the applicants' heads of argument in a legal application to review and set aside decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to grant Atha-Africa Ventures (Pty) Ltd permission to conduct commercial coal mining in the Mabola Protected Environment (MPE) in Mpumalanga, South Africa.
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Document type: Report
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the proposed Yzermyn Underground Coal Mine.
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Document type: Statement
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the Yzermyn Underground Coal Mine. The objectors argue that the project would cause irreparable harm to a strategic water source area, threaten biodiversity in the Mabola Protected Environment, and negatively impact vulnerable local communities, while failing to comply with municipal spatial development frameworks and national interest requirements under the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Statement