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2020-05-18-joint-practice-note-special-plea-4-369bf8ca20acfae0.pdf
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.
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Document type: Briefing
3-a9158291516a512d.pdf
This document is a legal affidavit and supporting evidence filed by the Centre for Environmental Rights (CER) on behalf of a coalition of environmental organisations. It seeks the review and setting aside of decisions made by a Municipal Planning Tribunal and a Municipal Appeal Authority regarding a land-use change application by Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine. The applicants argue that the decisions were irrational, procedurally unfair, and failed to consider the strategic environmental and hydrological significance of the area, specifically its location within a Strategic Water Source Area (SWSA) and the Mabola Protected Environment.
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Document type: Report
APPELLANTS’ REBUTTAL HEADS OF ARGUMENT
This document contains the Appellants' Rebuttal Heads of Argument in a legal appeal involving the Endangered Wildlife Trust and the Federation for a Sustainable Environment against the Department of Water and Sanitation and Atha-Africa Ventures (Pty) Ltd. The briefing primarily addresses allegations made by Atha-Africa regarding conflicts of interest, abuse of legal process, and misleading arguments, while defending the role of the Centre for Environmental Rights (CER) as a public interest law organisation.
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Document type: Briefing
00206BBA609F220406132021
This document is a supporting affidavit from Barbara Dallas Creecy, the Minister of the National Department for Forestry, Fisheries and the Environment, seeking leave to appeal specific orders made by the High Court of South Africa on 18 March 2022 regarding air pollution in the Highveld Priority Area.
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Document type: Statement
affidavit-david-le-maitre-ff35c9ae2d594182.pdf
This document is an affidavit by David Carlyle Le Maitre, a principal researcher at the Council for Scientific and Industrial Research (CSIR), submitted to the Water Tribunal. It provides expert testimony on the identification and importance of Strategic Water Source Areas (SWSAs) in South Africa, specifically addressing the impact of the proposed Yzermyn underground coal mine on the Enkangala Drakensberg surface water SWSA.
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Document type: Statement
annexure-3-aquila-refusal-of-ea-letter-from-ledet-100d73323d69f392.pdf
The Department of Economic Development, Environment and Tourism (LEDET) of the Limpopo Province refused an Environmental Authorisation (EA) for the proposed Meletse Iron Ore Mining project. The project, proposed by Aquila Steel (S Africa) (Pty) Ltd, would have involved an open pit mining operation and associated infrastructure on the farms Donkerpoort 448 KQ and Randstephne 455 KQ. The refusal was based on the determination that ecological, visual, and traffic impacts could not be mitigated and that the project conflicted with required land use for the site.
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Document type: Statement
annexure-a-26333ba73b763b35.pdf
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.
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Document type: Statement
annexure-a-daad896e9aecda78.pdf
The Legal Resources Centre (LRC), representing a coalition of civil society, labour, and community organisations, submitted a series of formal requests to the South African Parliament and Presidency between March 2014 and February 2015. The LRC challenged the constitutionality of the Mining and Petroleum Resources Development Amendment Bill (MPRDAB) and the Restitution of Land Rights Amendment Bill, arguing that the National Council of Provinces (NCOP) and provincial legislatures failed to facilitate reasonable public participation. The documents detail specific concerns regarding the removal of community participation rights in mining, the discretionary nature of water use licenses, and the influence of industry lobbying over legislative changes.
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Document type: Statement
annexure-b-1-ae05ca5f3c13a16f.pdf
A letter from the Centre for Environmental Rights (CER) to the South African Minister of Health, requesting the Department of Health's participation in the Highveld Priority Area (HPA) Multi-Stakeholder Reference Group meetings to address the severe health impacts of air pollution.
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Document type: Statement
KM_C454e-20200915142604
A letter from the Vaal Environmental Justice Alliance (VEJA) dated 15 September 2020, confirming the appointment of the Centre for Environmental Rights (CER) as its attorneys of record to appeal a decision regarding emission standards for an ArcelorMittal facility.
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Document type: Statement
KM_C554e-20190117115611
This report provides a risk and vulnerability assessment of water resources in the Limpopo Water Management Area (WMA) of South Africa. It analyzes current water resource stresses, observed and projected climate trends, and the resulting vulnerabilities to ensure sustainable water management.
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Document type: Report
annexure-ra7-part-1-of-2-695326620eb9351d.pdf
The 'Mining and Biodiversity Guideline: Mainstreaming biodiversity into the mining sector' (2013) is a practical manual designed to help the South African mining industry, regulators, and practitioners integrate biodiversity considerations into the entire mining life cycle, from reconnaissance to closure. It aims to balance economic growth from mineral wealth with the conservation of South Africa's megadiverse ecosystems by providing a risk-based approach to land-use planning and impact management.
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Document type: Guide
annexure-ra7-part-2-of-d30f1165fbad3b3e.pdf
This guide provides a framework for integrating biodiversity and ecosystem services into the mining life cycle in South Africa. It details the application of the mitigation hierarchy—avoidance, minimisation, rehabilitation, and offsetting—across various stages of mining, from reconnaissance to decommissioning and closure. The document emphasizes the role of Environmental Management Programmes (EMPs) and the necessity of robust financial provision for environmental remediation, particularly when operating in biodiversity priority areas.
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Document type: Guide
annexure-ww1-a0adf528d3d0551f.pdf
This document consists of a series of letters and annexures sent between April and August 2020 by the South African Water Caucus (SAWC), represented by the Centre for Environmental Rights, to various South African government officials. The correspondence urgently requests the provision of water tanks, reliable water supply, and sanitation packs for numerous communities across South Africa that lack basic water access, highlighting the increased health risks during the COVID-19 pandemic.
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Document type: Statement
april-2018-amsa-land-contamination-site-assessment-report-2b8f36f39e5d5997.pdf
This April 2018 Site Assessment Report and Remediation Action Plan, prepared by WSP Environmental (Pty) Ltd for ArcelorMittal South Africa (AMSA), evaluates land and groundwater contamination at the Vanderbijlpark steel mill. The report concludes that while soil impacts are generally low risk, substantial groundwater contamination exists on the western boundary due to historical coal tar sludge deposition in Dam 10, which created a Dense Non-Aqueous Phase Liquid (DNAPL) plume extending approximately 2.5km west. The report recommends a shift from informal DNAPL abstraction to enhanced natural attenuation via chemical dosing, alongside consolidated groundwater monitoring and further investigation of specific soil contamination in the southeast.
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Document type: Report
00206BBA608D200323172733
A statement from the South African Department of Environmental Affairs granting ArcelorMittal South Africa Limited (Pretoria Steel Works) a suspension of compliance time-frames for certain minimum emission standards under the National Environmental Management: Air Quality Act 39 of 2004 for the period from 1 April 2020 to 31 March 2030.
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Document type: Statement
00206BBA608D200323175100
A decision letter from the South African Department of Environmental Affairs to the Sedibeng District Municipality regarding the application by ArcelorMittal South Africa Limited (Vanderbijlpark Steel Works) for alternative emission limits or postponed compliance time-frames under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
b-confirmatory-affidavit-thomas-mnguni-complete-1f7d4f6a6cca4356.pdf
This document is a confirmatory affidavit signed by Thomas Mnguni, a Community Campaigner for the non-profit organisation groundWork, in support of a legal matter involving environmental justice movements and various South African government ministers and officials.
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Document type: Statement
00206B3D20B8201026111202
This document is a decision by the Director of Appeals and Legal Review within the South African Department of Environment, Forestry and Fisheries regarding a request for condonation for the late filing of an appeal. The appeal concerns a decision to grant ArcelorMittal South Africa a suspension from complying with Minimum Emission Standards (MES) at its facility in Vanderbijlpark.
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Document type: Statement
Mining and your Community: Know your Environmental Rights
This guide, produced by the Centre for Environmental Rights and Lawyers for Human Rights, provides information for communities and individuals in South Africa on their environmental and legal rights when facing proposed mining activities. It details the mandatory government permissions, consultation processes, and legal avenues available to affected parties to protect their land, water, and health.
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Document type: Guide