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African Climate Alliance & Others v Minister of Mineral Resources & Energy and Others – #CancelCoal Case – High Court
The High Court of South Africa, Gauteng Division, Pretoria, ruled in the #CancelCoal case that the South African government's plan to add 1500 megawatts of new coal-fired electricity generation to the 2019 Integrated Resource Plan (IRP) was unlawful and invalid. The court found that the Minister of Mineral Resources and Energy and the National Energy Regulator of South Africa (NERSA) failed to consider the environmental and health impacts of this additional capacity, particularly regarding the rights of children.
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Document type: Case study
LETTER OF DEMAND - INTEGRATED RESOURCE PLAN FOR ELECTRICITY 2019 AND THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF 1 500 MW OF NEW GENERATION CAPACITY FROM COAL
The Centre for Environmental Rights (CER), acting for groundWork, Vukani Environmental Justice Movement in Action, and the African Climate Alliance, issued a letter of demand to the Minister of Mineral Resources and Energy and the National Energy Regulator of South Africa (NERSA). The letter demands the abandonment of the procurement of 1,500 MW of new coal-generation capacity as specified in the Integrated Resource Plan for Electricity 2019 (IRP 2019) and a September 2020 ministerial determination, citing economic, environmental, and climate risks.
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Document type: Statement
INTEGRATED RESOURCE PLAN 2019 AND THE MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY FROM RENEWABLES, STORAGE, GAS AND COAL
The Centre for Environmental Rights (CER), representing groundWork, Vukani Environmental Justice Movement in Action, and the African Climate Alliance, has written to the Minister of Mineral Resources and Energy and the National Energy Regulator SA (NERSA). The letter objects to the inclusion of new fossil fuel generation capacity in the Integrated Resource Plan (IRP) 2019 and a September 2020 ministerial determination, specifically opposing 1500 MW of new coal capacity. The CER requests clarity on whether the IRP 2019 will be updated by the end of 2021, citing a June 2021 announcement by President Ramaphosa regarding the Electricity Regulation Act that could unlock over 5000 MW of embedded generation capacity not currently accounted for in the plan.
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Document type: Statement
LIFE AFTER COAL CAMPAIGN COMMENTS ON THE DRAFT REGULATIONS AMENDING THE ELECTRICITY REGULATIONS ON NEW GENERATION CAPACITY, 2011
The Centre for Environmental Rights (CER), on behalf of the Life After Coal Campaign, submitted comments on the Draft Regulations Amending the Electricity Regulations on New Generation Capacity, 2011. The CER argues that the Draft Regulations are redundant and legally inconsistent because the Electricity Regulation Act (ERA) does not require prior Ministerial approval for municipalities to establish their own electricity capacity. The submission emphasizes the urgent need for a transition to clean energy to mitigate severe health, environmental, and climate harms caused by South Africa's coal-dependent power sector.
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Document type: Statement
REQUEST FOR WRITTEN REASONS: INTEGRATED RESOURCE PLAN FOR ELECTRICITY, 2019
The Centre for Environmental Rights, acting on behalf of groundWork and Earthlife Africa NPC, submitted a formal request to the National Energy Regulator of South Africa (NERSA) on 5 November 2019 for written reasons regarding the approval of the updated Integrated Resource Plan (IRP) for Electricity published on 18 October 2019.
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
The Centre for Environmental Rights (CER), representing Earthlife Africa and groundWork, issued a statement to the IPP Office of the Department of Energy on 16 November 2018. The letter seeks clarity on the status of the Thabametsi and Khanyisa coal-fired power stations, the preferred bidders under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP), specifically regarding their commercial and financial close deadlines and the signing of power purchase agreements (PPAs).
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Document type: Statement
RESPONSE TO MINISTER’S STATEMENT IN RELATION TO THE PROPOSED THABAMETSI & KHANYISA IPP COAL-FIRED POWER STATIONS
A letter from the Life After Coal Campaign and Greenpeace Africa to the South African Minister of Energy, objecting to the proposed Thabametsi and Khanyisa coal-fired independent power producer (IPP) projects. The authors argue that these projects are legally precarious, environmentally damaging, and economically unnecessary compared to renewable energy alternatives.
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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
RELEVANT INFORMATION IN RELATION TO THE DRAFT INTEGRATED RESOURCE PLAN FOR ELECTRICITY UPDATE & THE DRAFT INTEGRATED ENERGY PLAN
The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted a formal statement to the Portfolio Committee on Energy on 29 November 2017. The document outlines critical concerns regarding the lack of transparency, inadequate public consultation, and the omission of key economic and environmental data in the development of South Africa's draft Integrated Resource Plan (IRP) for Electricity Update and the draft Integrated Energy Plan (IEP).
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Document type: Statement
UPDATE ON THE COAL INDEPENDENT POWER PRODUCER (IPP) COAL-FIRED POWER STATIONS – THABAMETSI & KHANYISA
A letter from the Centre for Environmental Rights (CER) to the National Energy Regulator of South Africa (NERSA) providing updates and requesting the status of electricity generation licence applications for the Thabametsi and Khanyisa coal-fired power stations.
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Document type: Statement
CSIR’S COMPREHENSIVE ALTERNATIVE INTEGRATED RESOURCE PLAN (IRP) FOR ELECTRICITY: MISSING COSTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, submitted a letter to the Council for Scientific & Industrial Research (CSIR) on 11 August 2017. The letter argues that the CSIR's "comprehensive alternative" Integrated Resource Plan (IRP) for electricity fails to account for critical health, water, climate, and nuclear-related costs, which leads to an underestimation of the true cost of coal and nuclear energy compared to renewable alternatives.
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Document type: Statement
ADDITIONAL WRITTEN COMMENTS ON THE INTEGRATED RESOURCE PLAN (IRP) UPDATE: ASSUMPTIONS, BASE CASE RESULTS AND OBSERVATIONS, REVISION 1 AND ON THE DRAFT INTEGRATED ENERGY PLAN (IEP): MISSING COSTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, submitted additional comments to the South African Department of Energy regarding the Integrated Resource Plan (IRP) and Integrated Energy Plan (IEP). The letter argues that current energy modelling fails to account for critical externalities, specifically the health and water costs of coal, the high nitrous oxide emissions associated with circulating fluidised bed combustion technology, and comprehensive nuclear lifecycle costs.
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Document type: Statement
RESPONDING STATEMENT TO THE APPEAL SUBMITTED BY THE CENTRE FOR ENVIRONMENTAL RIGHTS (CER) INTEGRATED ENVIRONMENTAL AUTHORISATION IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998: GN R543/544/545/546 AND THE NATIONAL ENVIRONMENTAL: WASTE ACT, 2008: GN 718 : THE CONSTRUCTION OF A 600MW INDEPENDENT POWER PLANT AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LTD NEAR DELMAS, MPUMALANGA PROVINCE
This document is a responding statement submitted by Jones & Wagener (on behalf of Kuyasa Mining and KiPower) to the Department of Environmental Affairs (DEA). It addresses an appeal by the Centre for Environmental Rights (CER) against the granting of an integrated environmental authorisation for a 600MW coal-fired independent power plant near Delmas, Mpumalanga. The statement denies allegations that the project violates NEMA principles or environmental laws, arguing that the project aligns with the Department of Energy's Integrated Resource Plan (IRP) and employs Circulating Fluidised Bed (CFB) technology to mitigate pollutants.
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Document type: Statement
SKM_C55819062512250
This confirmatory affidavit, signed by Xolile Christopher George, CEO of the South African Local Government Association (SALGA), supports the application by the Centre for Environmental Rights to be admitted as amicus curiae in a legal matter involving the City of Cape Town, the National Energy Regulator of South Africa, and the Minister of Energy.
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Document type: Statement
letter-centre-for-environment-rights-cer-nicole-loser-30-april-20-4df1542817b32b97.pdf
The National Energy Regulator of South Africa (NERSA) responded to a request from the Centre for Environmental Rights regarding the Integrated Resource Plan for Electricity, 2019. NERSA argues that its role in the development of the plan is limited to consultation with the Minister of Energy, which does not constitute an administrative action requiring separate public consultation.
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Document type: Statement