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reponse-to-cer-31fb94ac749ec8ee.pdf
A letter from the IPP Office to Robyn Hugo of the Centre for Environmental Rights (CER) acknowledging a letter dated 18 October 2016 and a legal application (case number 65662/16) regarding Thabametsi Power Company (Pty) Limited's status as a preferred bidder in the Coal Baseload IPP Procurement Programme.
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Document type: Statement
00206BBA2C25190805091506
This document is a formal response from the South African Department of Environmental Affairs to a notice issued by the Centre for Environmental Rights (CER) under Section 28(12) of the National Environmental Management Act (NEMA), 1998. The CER had requested that the Department direct ArcelorMittal South Africa (AMSA) to address pollution and environmental degradation at its Vanderbijlpark operations. The Department declined to issue a new directive, arguing that existing measures—including a Remediation Order, waste management licenses, and compliance notices—are sufficient to address the concerns.
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Document type: Statement
response-to-cer-020617-256573a766d68cda.pdf
A letter from the Independent Power Producer (IPP) Office responding to the Centre for Environmental Rights regarding the Coal Baseload IPP Procurement Programme and the Thabametsi Power Company.
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Document type: Statement
response-to-cer-letter-15-sep-17-111017-370dbb5fc85ad0a3.pdf
This document consists of correspondence from the Independent Power Producer (IPP) Office to the Centre for Environmental Rights regarding the Coal Baseload IPP Procurement Programme, specifically addressing preferred bidders for the Thabametsi, Khanyisa, and KiPower coal-fired power stations.
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Document type: Statement
response-to-cer1-e910f4012e2e07b0.pdf
This document is a formal response from the South African Department of Mineral Resources and Energy to a request for access to information submitted by the Centre for Environmental Rights under the Promotion of Access to Information Act 2 of 2000. The response addresses requests for the Plexos modelling data, technology costs, and scenario outputs used to develop the Integrated Resource Plan for Electricity of 17 October 2019 (IRP 2019).
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Document type: Statement
RESPONDENT’S HEADS OF ARGUMENT
This document contains the Respondent's Heads of Argument filed by the Centre for Environmental Rights on behalf of the Vaal Environmental Justice Alliance (VEJA) in the Supreme Court of Appeal. The case concerns an appeal by ArcelorMittal South Africa Limited (AMSA) against a High Court judgment that ordered AMSA to provide VEJA with environmental records—specifically an Environmental Master Plan for its Vanderbijlpark site and records regarding the closure and rehabilitation of its Vaal Disposal site in Vereeniging—under the Promotion of Access to Information Act, 2000 (PAIA).
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Document type: Briefing
scan0177-85aa448dae2ea2d2.pdf
A letter from the South African Minister of Energy to the Centre for Environmental Rights regarding the government's energy policy and the coal Independent Power Producer (IPP) programme.
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Document type: Statement
second-respondent-responding-statement-covering-letter-06-march-2023-ce76e1d4d060eb80.pdf
This document is a covering letter dated 06 March 2023 from the law firm Nkosi Sabelo Incorporated to the Minister of Forestry, Fisheries and Environment. The letter submits a responding statement and an Appeal Response Report on behalf of Richards Bay Gas Power 3 (Pty) Ltd regarding an appeal brought by Ground Work against the environmental authorisation granted on 22 November 2022 for the 2000-megawatt (MW) Phakwe Richards Bay Gas to Power 3 combined cycle power plant in the Richards Bay IDZ Zone 1F.
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Document type: Statement
IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DtVtStON, PRETORTA) CASE NO: 51765117 ln the matter between: clrY oF GAPE TowN METROPOLITAN MUNtctpALtry Appticant And NATIONAL ENERGY REGULATOR OF SOUTH AFRICA First Respondent MINISTER OF ENERGY Second Respondent
This document is an affidavit filed by Shaun Kraut, a Senior Legal Administrative Officer in the Department of Mineral Resources and Energy, in a High Court case involving the City of Cape Town, NERSA, and the Minister of Energy. The affidavit outlines government measures to increase electricity generation capacity outside of Eskom, including draft regulations to allow municipalities to procure power from independent power producers and specific Ministerial Determinations for new capacity based on the Integrated Resource Plan (IRP) 2019.
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Document type: Statement
second-respondents-answering-affidavit-938e00edf723528f.pdf
This document is an answering affidavit filed by Uthaka Energy (Pty) Ltd (the Second Respondent) in the High Court of South Africa, Mpumalanga Division. The affidavit opposes a review application brought by several environmental organizations (the Applicants) who seek to overturn a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga to exclude four properties from the Mabola Protected Environment Area to allow for underground coal mining.
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Document type: Statement
signed-letter-from-ipp-office-28.1.16-thabametsi-power-project-280116-bd667bd001ebc528.pdf
A letter from the IPP Office to the Centre for Environmental Rights regarding the Coal Baseload IPP Programme and the appeal against the environmental authorisation for the Thabametsi Independent Power Producer Power Station.
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Document type: Statement
VALUING THE SOCIO-ECONOMIC CONTRIBUTION OF FISHERIES AND OTHER MARINE USES IN SOUTH AFRICA
This report assesses the socio-economic value of South Africa's commercial fisheries—which generated R8.0 billion in wholesale value in 2013—against the potential impacts of marine phosphate mining. It highlights a significant spatial overlap between proposed mining areas and hake and small-pelagic fishing grounds, warning that sediment plumes and exclusion zones could threaten the industry's sustainability and employment.
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Document type: Report
sp1-01dd4e198430009c.pdf
This report provides a wetland ecological assessment for Phase 1 of the proposed ATHA Yzermyn underground coal mine in Mpumalanga, South Africa. Conducted by Scientific Aquatic Services (SAS), the study evaluates the Present Ecological State (PES), Ecological Importance and Sensitivity (EIS), and potential impacts of mining activities on local wetland systems, including channelled valley bottoms and hillslope seeps.
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Document type: Report
sp2-ec2864561748b6bb.pdf
This report, prepared by GCS (Pty) Ltd for the Centre for Environmental Rights, reviews the water use license application (IWULA) and specialist studies for the proposed Yzermyn Underground Coal Mine in Mpumalanga. The review identifies significant gaps in hydrogeological and wetland assessments, arguing that the mine poses a substantial risk to sensitive water resources and that the current groundwater models are of low confidence and insufficient for decision-making.
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Document type: Report
HEADS OF ARGUMENT ON BEHALF OF THE 1 ST , 2ND AND 5TH RESPONDENTS
This document contains the heads of argument submitted on behalf of the Minister of Environmental Affairs, the Minister of Mineral Resources, and the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province. The respondents oppose a judicial review application brought by several environmental organisations seeking to set aside the written permission granted to Atha Africa (Pty) Ltd to conduct underground mining within the Mabola Protected Environment (MPE). The respondents argue that the decision-making process was procedurally fair, that they were entitled to rely on interrelated statutory authorisation processes to avoid duplication, and that the permission was granted subject to stringent environmental and social conditions.
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Document type: Briefing
supporting-affidavit-2-merle-sowman-8a4a8a06f57f4be6.pdf
This supporting expert affidavit, submitted by Associate Professor Merle Sowman, argues that the Environmental Impact Assessment (EIA) for the proposed extension of the Tormin Mine by Mineral Sands Resources (Pty) Ltd (MSR) failed to adequately assess cumulative environmental and socio-economic impacts. Sowman contends that assessing applications on an ad hoc basis ignores the broader scale of MSR's regional mining plans and calls for a Strategic Environmental Assessment (SEA) to prevent irreversible damage to critical biodiversity areas and sensitive coastal ecosystems.
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Document type: Statement
tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf
This document contains the heads of argument for an application for leave to appeal a High Court decision regarding the legality of mining operations conducted by Tendele Coal Mining (Pty) Limited. The applicants argue that the mining company failed to obtain necessary environmental authorizations under the National Environmental Management Act (NEMA), violated town planning legislation for new mining areas, operated without a required waste management license, and unlawfully relocated traditional graves.
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Document type: Briefing
APPEALS LODGED AGAINST THE DECISION OF THE DEPARTMENT OF MINERAL RESOURCES AND ENERGY TO GRANT AN INTEGRATED ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED TETRA 4 CLUSTER 2 VIRGINIA GAS PRODUCTION PROJECT ACTIVITIES, IN FREE STATE PROVINCE
This document is an appeal decision by the Minister of Forestry, Fisheries and the Environment of South Africa regarding an Integrated Environmental Authorisation (IEA) granted by the Department of Mineral Resources and Energy (DMRE) to Tetra 4 (Pty) Ltd. The IEA concerned the Tetra 4 Cluster 2 Virginia Gas Production Project in the Free State Province. Following appeals by Natural Justice and the Centre for Environmental Rights (on behalf of MEJCON-SA and MACUA), the Minister dismissed several grounds of appeal but remitted the application back to the DMRE for reconsideration due to deficiencies in the climate change and geohydrology assessments.
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Document type: Report
KM_C654e-20160826132125
A letter from the South African Department of Environmental Affairs approving an amendment to the Environmental Authorisation (EA) for the 1200MW Thabametsi coal-fired power station, specifically updating the designated holder of the authorisation.
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Document type: Statement
thabametsi-nersa-objections-27-c562776ef1b90122.pdf
This document is a supplementary affidavit submitted by Earthlife Africa NPC to the National Energy Regulator of South Africa (NERSA). It presents formal objections to the license application of Thabametsi Power Company (Pty) Limited for a proposed 1200MW coal-fired power plant in Lephalale, Limpopo. Earthlife argues that the project is unnecessary, financially inefficient, and poses severe risks to water security, air quality, and climate goals.
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Document type: Statement