Search Climate Insights Directory

The document is an annex containing a list of legal appeals and disputes brought before the Water Tribunal regarding the National Water Act, 1998. It details various cases involving water use licenses, directives issued by the Department of Water Affairs (DWA), and disputes over illegal dam construction or water stress, noting the current status of pleadings and potential for settlement.

This joint practice note outlines the procedural arrangements and legal issues for a combined hearing in the High Court of South Africa (Western Cape Division) regarding three defamation lawsuits. The parties request a virtual hearing for proceedings scheduled for 9 and 10 June 2020, involving disputes over the abuse of process in legal proceedings and the requirements for trading corporations suing for defamation.

The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have appealed a decision by the Department of Mineral Resources and Energy (DMRE) to grant environmental authorisation (EA) to Tetra4 (Pty) Ltd for the Cluster 2 Virginia Gas Production Project. The appellants argue that the decision is unlawful and unreasonable due to flawed groundwater and climate change assessments, inadequate public participation, a failure to consider renewable energy alternatives, and the state's lack of capacity to monitor gas operations.

A formal request sent on 29 November 2016 by the Life After Coal Campaign and other environmental organisations to the South African Minister of Energy, seeking an extension for public comment on the Integrated Energy Plan (IEP) and the Integrated Resource Plan (IRP) Update and demanding the release of critical supporting documents.

The Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA) have lodged an appeal to the Minister of Forestry, Fisheries and the Environment to set aside an environmental authorisation (EA) granted by the Department of Mineral Resources and Energy (DMRE) on 09 May 2025 to Tetra4 (Pty) Ltd. The EA allows Tetra4 to extend its production right to incorporate 18 additional wells across 80 farm portions in the Free State Province. The appellants argue that Tetra4 used a Basic Assessment Report (BAR) process under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA) to circumvent a previous ministerial order from 01 August 2024, which had set aside a larger 'Cluster 2' expansion due to inadequate climate and groundwater assessments.

The document details a dispute over coal prospecting rights granted by the Department of Minerals (DMR) to Samancor Chrome Limited, later ceded to Commissiekraal Coal (Pty) Ltd and Bright Coal (Pty) Ltd, on the Farm Commissiekraal in KwaZulu-Natal. The case is highlighted because the prospecting occurs at the headwaters of the Pongola river system, a highly sensitive area. While the landowner, Nico Lens, supported the activity, downstream users and environmental groups—including the Greater Pongola River Catchment Protection Association (GPRCPA), WWF, and the Impala Water Users Association—opposed it, citing a lack of consultation. The GPRCPA only discovered the operations by chance through a contractor. The case raises concerns regarding the DMR's interpretation of the Mineral and Petroleum Resources Development Act (MPRDA) concerning ecological degradation and the transparency of the transfer of prospecting rights. An administrative appeal against the prospecting right was lodged on 15 February 2011.

The document details the environmental and socio-economic risks associated with three marine phosphate prospecting rights granted in South Africa. It asserts that bulk marine sediment mining would lead to the permanent destruction of seabed habitats, threatening biodiversity and the fishing industry, which provides significant employment and revenue in the Western Cape. The text further argues that South Africa's legal framework, specifically the MPRDA and NEMA, is insufficient to regulate or monitor such activities, potentially leading to an unregulated industry with irreversible ecological consequences.

Circular 8/2013 provides updated procedures for appeals under the Land Use Planning Ordinance, 1985 (LUPO) in the Western Cape, following a High Court judgment that declared section 44 of the LUPO unconstitutional. The circular outlines how the Minister will now handle appeals—through dismissal, setting aside, or substitution—and details the administrative requirements for municipalities processing these appeals.

This document is a compilation of legal summons, news articles, emails, and personal essays centered on a long-running conflict between the Amadiba community on South Africa's Wild Coast and the Australian mining company Mineral Commodities Limited (MRC). The materials detail allegations of human rights abuses, fraudulent attempts to secure mining rights for titanium deposits at Xolobeni, and the 2016 assassination of anti-mining activist Sikhosiphi 'Bazooka' Rhadebe.

This document is an Atmospheric Emission Licence (WCCT006) issued by the City of Cape Town to the Chevron Refinery in Cape Town. Issued on 31 March 2014 and valid until 31 March 2079, the licence authorizes various listed activities related to petroleum refining, including liquid and gas combustion, catalytic cracking, sulphur recovery, and the storage and handling of petroleum products. It details the refinery's operational processes, raw material capacities, and general conditions for compliance with the National Environmental Management: Air Quality Act, 2004.

This document is a technical annex of an air emissions license issued on 31 March 2014, detailing the emission limits, monitoring requirements, and operational conditions for a refinery operated by Chevron. It specifies pollutant thresholds for various combustion installations and storage facilities, mandates ambient air quality monitoring at specific stations, and establishes reporting protocols for non-compliance and emergency incidents.

This report details a passive sampling campaign for BTEX compounds (benzene, toluene, ethyl-benzene, and xylene) conducted at the Chevron Cape Town Refinery from June 2010 to June 2011. The study monitored air quality across 12 locations to assess compliance with national and international ambient air quality standards.

The report finds that the proposed Lephalale Coal Mine (LCM) and its power plant will cause significant air quality violations and severe health and economic burdens. It argues that a previous environmental impact assessment (EIA) by GESI (2017) underestimated these impacts by neglecting mercury, existing pollution sources, and secondary PM2.5 formation. The analysis indicates that while mining alone causes 93 premature deaths, burning the coal on-site increases this to 3,120 deaths, and burning it at existing plants like Medupi or Matimba could lead to up to 41,984 premature deaths. Mercury emissions are projected to cause a loss of 3,700 IQ points and 554 lives, with significant deposition in protected ecosystems like the Waterberg Biosphere Reserve.

The Legal Resources Centre (LRC) submitted a statement to the Portfolio Committee on Water and Environmental Affairs on 7-8 May 2013, opposing proposed amendments to the Section 21 listed activities of the Air Quality Act (Act 39 of 2004). The LRC argues that the 2012 amendment process lacked administrative fairness and transparency compared to the 2009 process, resulting in reduced standards for major polluters and extended compliance timeframes.

This document consists of a practice note and legal submissions filed by the National Minister of Water and Environmental Affairs to the Constitutional Court of South Africa. The submissions argue that holders of mining rights or permits granted under the Mineral and Petroleum Resources Development Act (MPRDA) are not exempt from obtaining separate environmental authorisations under the National Environmental Management Act (NEMA) for listed activities.

A legal notice filed by the Centre for Environmental Rights on April 18, 2017, announcing the withdrawal of Case No: 487/2017 from the High Court of South Africa (Mpumalanga Division, Nelspruit).

The document outlines the severe climate risks facing Southern Africa, noting that warming in the region's interior is occurring at approximately twice the global average rate. It projects reductions in agricultural production and freshwater availability, an increase in the frequency and intensity of heat waves and severe storms, and a higher risk of long-duration droughts. The text highlights that these risks are significantly exacerbated in 'low mitigation futures' where global warming exceeds 3 °C, compared to scenarios limiting warming to 1.5 °C or 2 °C. Specific vulnerabilities include food insecurity, which affected 6.5 million South Africans in 2019, and the threat of extinction for thousands of species.

The report finds that both public and private bodies in South Africa frequently fail to provide basic environmental information, often using PAIA as a tool to avoid transparency. While provincial and municipal bodies performed better, national departments—particularly the Department of Mineral Resources—demonstrated a culture of secrecy and non-compliance. The report recommends expanding voluntary disclosure and establishing an Information Commissioner to reduce the reliance on expensive court proceedings.

The report argues that marine phosphate mining is unwarranted in South Africa because it would increase environmental phosphate flows and contamination. It proposes that a sustainable supply of phosphates can be achieved through 'loop-closure'—specifically recovering phosphorus from human and animal waste and improving fertilizer application efficiency in agriculture. A substance flow analysis indicates that approximately 164 kt/year of phosphorus enters the South African environment, with 133 kt/year potentially recoverable through recycling. The document concludes that terrestrial reserves are sufficient for 90–220 years, making the ecological risks of seabed mining unnecessary.

The report details the efforts of Clean Creatives South Africa to encourage agencies and individuals to pledge to decline work for fossil fuel companies. It highlights South Africa's high carbon intensity and vulnerability to climate change, while listing specific agencies that maintain contracts with fossil fuel entities. The document criticizes 'greenwashing' practices by companies like TotalEnergies and Sasol, and calls for the creative industry to stop rewarding fossil fuel advertising campaigns.