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Minimum requirements for the regulation of environmental impacts of hydraulic fracturing in South Africa
The Centre for Environmental Rights argues that South Africa's proposed fracking regulations are flawed because they rely on industry standards rather than a comprehensive legal framework. The document recommends that fracking be regulated under a suite of environmental laws (NEMA, NWA, NEMWA, NEMAQA) rather than just the MPRDA, and suggests the creation of a specialised inter-departmental unit for monitoring and enforcement. Key requirements include mandatory baseline measurements for water and air quality, public disclosure of fracking fluid chemicals, a prohibition on using potable water, and significant financial guarantees for rehabilitation.
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Document type: Statement
Sustainable Livelihoods and Marine Resources: How Does South Africa’s Policy for the Small-Scale Fisheries Sector Consider Current Challenges on the Ground?
The document examines the tension between marine resource sustainability and poverty alleviation for small-scale fishers in South Africa. It analyzes the 2012 Policy for the Small Scale Fisheries Sector, noting that while it formally recognizes small-scale fishers and introduces community-based co-management and local monitors, it fails to address provincial variations, the lack of enforcement power for monitors, and the disconnect between government departments like DAFF and the dti. A case study of Hamburg highlights the failure of a 2002-2004 abalone permit pilot project and the ongoing prevalence of illegal, unreported and unregulated (IUU) fishing, which threatens both ecosystems and legal livelihoods.
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Document type: Research paper
POPULATION FUTURES: REVISITING SOUTH AFRICA’S NATIONAL DEVELOPMENT PLAN 2030
The analysis finds that South Africa's population is likely to be significantly higher by 2030 than the NDP 2030 forecasts, primarily due to differing assumptions regarding migration. While the NDP assumes migration rates decline toward zero, the IFs model suggests a range of 64.4 to 68.8 million people by 2030 depending on migration trends. The brief highlights that migration is the largest source of demographic uncertainty, with substantial implications for provincial service delivery, particularly in Gauteng and the Western Cape. It also notes a continuing decline in fertility rates and a recovery in life expectancy driven by the scale-up of antiretroviral therapies (ARTs), though it predicts a rising burden of non-communicable diseases by 2040.
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Document type: Policy brief
Submission to Portfolio Committee on Mineral Resources on the Mineral and Petroleum Resources Amendment Bill [B15-2013]
A joint submission by five environmental and social justice organisations to the South African Portfolio Committee on Mineral Resources, asserting that the Mineral and Petroleum Resources Amendment Bill [B15-2013] does not rectify systemic failures in administrative justice. The authors argue that the Bill maintains inadequate consultation timeframes, restricts access to critical mining application data, and fails to protect the rights of rural and marginalized communities against the interests of mining companies and traditional authorities.
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Document type: Statement
Lesotho Highlands: Water Woes or Win–Wins?
The Lesotho Highlands Water Project (LHWP) is a massive engineering effort to divert water from Lesotho to South Africa's Gauteng province while providing Lesotho with hydroelectric power. While technically successful and economically significant for diversifying Lesotho's revenue, the project has been marred by corruption, inadequate community compensation, and unforeseen environmental stresses. Recent droughts and climate change have increased risks of water scarcity and food insecurity in Lesotho, highlighting the need for adaptive management and better benefit-sharing between the two nations.
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Document type: Case study
Defining South Africa’s Water Source Areas
The report identifies strategic water source areas (SWSAs) across South Africa, Lesotho, and Swaziland, finding that just 8% of the land surface area generates 50% of the region's mean annual runoff. It assesses the land cover and protection status of these areas, noting that while 63% of SWSAs in South Africa remain in a natural condition, only 16% have formal legal protection. The document highlights threats from plantation forestry, cultivation, and mining, specifically noting that over 70% of SWSAs in Mpumalanga are under mining or prospecting licenses.
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Document type: Report
“A” INTERNAL APPEAL TO THE DEPARTMENT OF MINERAL RESOURCES
The World Wide Fund for Nature South Africa (WWF-SA), represented by the Centre for Environmental Rights (CER), filed an internal appeal to the Department of Mineral Resources (DMR) on 26 July 2013. The appeal challenges the DMR's refusal to grant access to records regarding seabed prospecting rights and strategies in South Africa's territorial waters and Exclusive Economic Zone (EEZ), which the DMR claimed would substantially and unreasonably divert its resources.
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Document type: Statement
Minister Molewa’s Budget Speech 2013 for DWA: Infrastructure, interim water supply, internal controls and skills development, NWRS2, roll-out of CMAs
Minister Edna Molewa's 2013 budget speech focuses on a 'decade of equity and redistribution' for South Africa's water sector. Key initiatives include the R4.334 billion Interim Water Supply Programme for rural backlogs, a projected R670 billion infrastructure need over ten years, and the gazetting of the National Water Resource Strategy (NWRS-2). The speech details several major dam and pipeline projects, such as the De Hoop and Mzimvubu projects, and reports on efforts to combat illegal water use and acid mine drainage.
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Document type: Statement
The latest on our work on transparency in environmental governance in South Africa
The report finds a decline in the actual disclosure of environmental records in South Africa during 2012, despite a decrease in requests being ignored. While public bodies showed more active engagement with PAIA requests, active refusals increased and full grants dropped. Private companies shifted from ignoring requests to actively refusing them, often challenging the legal right of non-governmental organisations to monitor environmental compliance. Significant non-compliance was noted regarding PAIA Manuals and statutory reporting to the South African Human Rights Commission, particularly within the Department of Mineral Resources.
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Document type: Report
An introduction to South Africa’s Water Source Areas
The report identifies that 8% of South Africa's land area generates 50% of its surface water run-off. These Water Source Areas (WSAs) are critical ecological infrastructures that feed the country's engineered water systems. The document details 21 specific WSAs across five provinces, highlighting that 16 are of national strategic importance. Major threats to these areas include coal mining, alien invasive vegetation, climate change, and land degradation. The report emphasizes that while engineered infrastructure is extensive, water security depends on the health of these natural catchments, many of which currently have low levels of formal protection.
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Document type: Report
South Africa: Weak internal processes for choosing leadership threaten the ANC in the long-term
The briefing argues that the ANC's lack of rules for open leadership campaigning and the use of 'slates' by President Jacob Zuma's supporters have created deep internal divisions. These processes, characterized by allegations of rigging and intimidation, risk alienating members and voters, potentially reducing the ANC's parliamentary majority in the 2014 elections and encouraging the formation of a breakaway left-wing party.
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Document type: Briefing
Diagnostic Research Report on Corruption, Non-Compliance and Weak Organisations
The report argues that corruption in South Africa is deeply linked to a general culture of non-compliance with administrative processes and organizational instability. It highlights a significant gap between legal definitions of corruption and the 'situational logic' of public servants, who may justify illegal acts based on perceived institutional unfairness or political imperatives. The analysis identifies supply chain management (SCM) as a primary area of vulnerability, noting that irregular expenditure has risen sharply, particularly at the local government level. The report concludes that effective anti-corruption strategies must shift from a narrow focus on policing and individual moral failure toward a broader emphasis on organizational development, the design of efficient administrative systems, and the perceived impartiality of enforcement agencies.
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Document type: Report
mining and environment litigation review
The report analyzes 32 judicial precedents and 16 'live' cases to assess the legal landscape of mining and environmental rights in South Africa. It highlights a significant increase in litigation since the 2004 Mineral and Petroleum Resources Development Act (MPRDA), noting that while courts have made progressive rulings on land-use planning and consultation, there are critical gaps in jurisprudence regarding the National Environmental Management Act (NEMA) and the National Water Act (NWA). The document identifies systemic failures in the Department of Mineral Resources' (DMR) administrative processes, including lengthy appeal delays and inadequate public notification, and provides strategic recommendations for civil society to use constitutional norms and specific precedents to hold mining companies and the state accountable.
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Document type: Report
SONA 2012: A “massive infrastructure development drive”
President Jacob Zuma's 2012 State of the Nation Address focuses on a "massive infrastructure development drive" to combat unemployment, poverty, and inequality. The plan includes five geographically-focussed programmes to integrate rail, road, and water infrastructure, alongside significant investments in ports and mining beneficiation. The address also highlights the transition toward a green economy, including solar energy targets and the management of acid mine drainage, while reporting on progress in education, health, and land reform.
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Document type: Statement
South Africa’s Investment Landscape: Mapping Economic Incentives
The document analyzes South Africa's efforts to attract sustainable local and foreign investment through a combination of industrial policies, such as the New Growth Path (NGP), and a diverse catalogue of financial and fiscal incentives. It highlights a significant decline in foreign direct investment (FDI) between 2008 and 2010, attributed largely to high labor costs, and examines the 'Gateway into Africa' initiative designed to make South Africa a regional investment hub. The paper details various dti-managed incentives targeting SMMEs, industrial development, and specific sectors like automotive and film, while noting that many investors remain unaware of these schemes or find the application process cumbersome.
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Document type: Research paper
Setting the Boundaries of a Social Licence for Mining in South Africa: The Xolobeni Mineral Sands Project
The paper examines the conflict between the AmaDiba community, the South African government, and Mineral Commodities Limited (MRC) over a proposed ilmenite mine. It highlights failures in community consultation, contradictions between the Department of Mineral Resources (DMR) and the Department of Water and Environmental Affairs (DWEA), and the misuse of black economic empowerment (BEE) legislation via the Xolobeni Empowerment Company (XolCo). The author argues for the adoption of the Free, Prior and Informed Consent (FPIC) protocol to ensure a 'social licence' for mining.
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Document type: Research paper
PROPOSED SOUTH WESTERN KAROO BASIN GAS EXPLORATION PROJECT – PETROLEUM AGENCY OF SOUTH AFRICA REFERENCE NUMBERS: 12/3/219, 12/3/220, 12/3/221: REQUEST FOR AN EXTENSION OF TIMEFRAMES AND FEEDBACK FROM COMMUNITY WORKSHOP SERIES
The Centre for Environmental Rights (CER) submitted a report to the Petroleum Agency of South Africa (PASA) following a series of community workshops in the Karoo. The CER argues that public participation by Shell's consultants, Golder Associates, was insufficient, as only 14% of workshop attendees had participated in those meetings. The document details widespread community concerns regarding water contamination, food security, and health, while noting a regional divide where some Eastern Karoo residents welcome potential economic benefits. The CER recommends additional consultation and the creation of simplified information brochures to ensure disadvantaged communities can exercise their constitutional rights.
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Document type: Statement
Minister Molewa’s Budget Vote Speech for the DEA and DWA in the NCOP: Access to water, enforcement, water security and environmental integrity
The document details South Africa's efforts to increase water access, which has risen from 62% in 1994 to 93% in 2011. It highlights strategic water infrastructure projects, such as the Mokolo and Crocodile River (West) project and the Spring Grove Dam, alongside a focus on groundwater and desalination. Environmental priorities include combating rhino poaching, implementing the Waste Act to foster a recycling sector, and finalizing a Climate Change Response Policy White Paper ahead of the UN Climate Change conference in Durban. The Minister emphasizes the role of the environment sector in job creation through programs like Working for Water and Working for Wetlands.
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Document type: Statement
ELECTRICITY REGULATIONS ON NEW GENERATION CAPACITY
The Electricity Regulations on New Generation Capacity, issued by the South African Minister of Energy under the Electricity Regulation Act 4 of 2006, establish the legal framework for procuring new electricity generation capacity by organs of state. The regulations cover planning via integrated resource plans, feasibility studies, ministerial determinations, and the procurement of capacity from Independent Power Producers (IPPs) and cross-border projects, while specifically excluding nuclear power technology.
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Document type: Report
Why the Past Matters: Histories of the Public Service in South Africa
The document examines how the historical structure of the apartheid-era public service, particularly the dysfunctional and patronage-based administrations of the former homelands, has hindered post-apartheid public sector reform. It highlights that the wholesale incorporation of homeland officials into new provincial governments without rigorous qualification testing led to continued corruption and service delivery failures. The authors argue that the adoption of New Public Management (NPM) failed because it ignored these specific historical contexts, and that the resulting deterioration of service quality has politicized issues of skill and training in the public service.
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Document type: Research paper