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This document contains the heads of argument filed by Lephalale Coal Mine (Pty) Ltd (LCM) in the High Court of South Africa. LCM responds to a review application by Earthlife Africa seeking to set aside environmental authorisations for a proposed coal mine in Limpopo Province. LCM concedes that its original climate change impact assessment was insufficient and agrees that the related decision should be reviewed and set aside, but opposes all other grounds of review regarding air quality, health impacts, cumulative impacts, and public consultation.

This document consists of two distinct parts: a supplemental expert report by Dr. Ranajit (Ron) Sahu evaluating the air quality impact assessment (AQIA) for the proposed Lephalale Coal Mine, and a comprehensive Spatial Development Framework (SDF) for the Lephalale Local Municipality. Dr. Sahu concludes that the mine will cause substantial adverse particulate matter (PM) impacts, exceeding national standards even with mitigation. The SDF section provides a long-term spatial plan for the municipality, focusing on the 'energy hub' of Africa, rural development, and the management of urban sprawl and environmental protection.

Dr. Ranajit Sahu's expert report concludes that the Updated Air Quality Impact Assessment for the proposed Lephalale Coal Mine confirms that particulate matter emissions will exceed national health standards even with mitigation. He criticizes the assessment for using flawed US EPA methodologies, lacking data on Total Suspended Particulates, and using an unrealistic 'average' truck weight for emissions modeling.

The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environment, Forestry and Fisheries regarding the Climate Change Bill tabled on 18 February 2022. The CER argues that while the Bill is a critical tool for South Africa's climate response, it contains significant gaps in emission targets, enforcement mechanisms, and transparency. The document also critiques South Africa's 2021 Nationally Determined Contribution (NDC), stating it remains insufficient when compared to the 'fair share' of global mitigation effort required to limit warming to 1.5°C or 2°C.

This expert report by Nicholas King, commissioned by the Centre for Environmental Rights, analyzes the projected physical, socio-economic, and ecological impacts of climate change on youth and future generations in South Africa from 2021 through 2060 and beyond. It argues that under current 'business as usual' trajectories, large portions of the country may become uninhabitable, leading to systemic collapses in food and water security, infrastructure, and mental wellbeing.

This research paper examines the governance of Lephalale, a mining town in South Africa's Limpopo province, focusing on the intersection of local government, spatial planning, and mining companies. It argues that the Medupi power station project failed to bridge apartheid-era spatial divides due to the Lephalale Local Municipality's lack of institutional capacity and its heavy dependence on private interests, specifically the multinational corporation Exxaro.

This case study describes the first climate change court case in South Africa, concerning the environmental authorisation of the 1200MW Thabametsi coal-fired power station.

The Centre for Environmental Rights (CER) wrote to the National Energy Regulator of South Africa (NERSA) on 17 February 2020, requesting updates on generation licence applications for the Thabametsi and Khanyisa coal-fired Independent Power Producer (IPP) power stations. The CER highlights significant delays since the March 2018 hearings and argues that the applications are now based on outdated information due to legal challenges, lapsed authorisations, and the withdrawal of bank financing.

This 2020 industry brief by GreenCape examines the business case for energy storage in South Africa, focusing on the role of hybrid solar PV and battery systems in mitigating the impact of severe load shedding.

This case study describes the first climate change court case in South Africa, where the non-profit Earthlife Africa challenged the environmental authorisation of the Thabametsi coal-fired power station due to the absence of a climate impact assessment.

This report by Dr. Ranajit Sahu provides technical comments on the Provisional Atmospheric Emission License (PAEL) issued to Thabametsi Power Company (Pty) Ltd. The author argues that the PAEL permits the use of outdated, inefficient sub-critical Circulating Fluidized Bed (CFB) technology and relies on flawed Atmospheric Impact Reports (AIRs) that underestimate pollution impacts. Sahu contends that the plant will exacerbate existing air quality violations in the Waterberg Bojanala Priority Area and that the license lacks adequate emissions monitoring and control requirements.

A statement from the Life After Coal Campaign to the South African Minister of Finance outlining financial, legal, and environmental risks associated with two proposed coal-fired power stations under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPP).

The Centre for Environmental Rights (CER), on behalf of Earthlife Africa and groundWork, submitted comments on September 20, 2018, objecting to the Atmospheric Emission Licence (AEL) application for the proposed Thabametsi coal-fired power station. The CER argues that the project should be refused because it is located in an air quality priority area already in non-compliance with National Ambient Air Quality Standards (NAAQS) and is predicted to cause further non-compliance, specifically regarding sulphur dioxide (SO2). The CER claims the Atmospheric Impact Report (AIR) is fatally flawed due to gross miscalculations of emissions, missing modelling data, and a failure to adequately assess cumulative and health impacts.

Dr. Ranajit (Ron) Sahu provides a critique of the revised Atmospheric Impact Report (AIR) for the proposed Thabametsi Power Plant, asserting that the revised document fails to address most technical deficiencies identified in a previous review of the April 2018 AIR.

The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted detailed comments on the Climate Change Bill, 2018. The CER argues that the Bill focuses too heavily on government bureaucracy and fails to address the urgency of the climate crisis or provide sufficient mechanisms for holding emitters accountable. Key recommendations include setting a strict, legally binding emissions trajectory aligned with the Paris Agreement, ensuring full public disclosure of carbon budgets and GHG reports, and establishing independent oversight and appeals bodies.

The Centre for Environmental Rights (CER), acting for groundwork, Earthlife Africa, and Concerned Citizens of Lephalale, submitted comments on 15 June 2018 objecting to the Final Environmental Impact Report (FEIR) and Waste Management Licence (WML) Variation Application for the Flue Gas Desulphurisation (FGD) Retrofit Project at Medupi Power Station. The CER argues that the FEIR is deficient due to missing data, a 'piecemeal' approach to environmental authorisations, and a failure to adequately assess water and waste impacts.

The Life After Coal Campaign, comprising the Centre for Environmental Rights, groundWork, and Earthlife Africa, submitted a letter to the National Energy Regulator of South Africa (NERSA) on 7 June 2018. The letter urges NERSA to deny generation licenses for the Thabametsi and Khanyisa coal-fired independent power producer (IPP) projects, citing a University of Cape Town Energy Research Centre (ERC) report that describes the projects as economically inefficient and environmentally harmful.

The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs on May 22, 2018, opposing the approval of coal-fired Independent Power Producers (IPPs), specifically Thabametsi and Khanyisa. The CER argues that these projects are unnecessary, economically damaging, and environmentally catastrophic, citing high greenhouse gas emissions, water scarcity, and air pollution in priority areas.

The Centre for Environmental Rights (CER), acting for groundWork and Earthlife Africa, submitted comments on April 19, 2018, regarding the Draft Environmental Impact Report (DEIR) and Waste Management Licence (WML) Variation Application for the Flue Gas Desulphurisation (FGD) Retrofit Project at Medupi Power Station. The CER argues that Eskom has adopted a 'piecemeal approach' to the environmental impact assessment (EIA), deferring critical issues such as water security, waste minimisation, and health impacts to separate processes to 'fast track' the project. The submission specifically challenges the rejection of inlet gas cooler technology, which could reduce water consumption by approximately 30%, and criticizes the plan to co-dispose of gypsum and ash, which would destroy the commercial value of the gypsum.

This report by the Public Affairs Research Institute (PARI) examines the Lephalale Local Municipality's efforts to achieve self-sufficiency and build a post-apartheid city following the 2006 announcement of Eskom's Medupi coal power station project. The research analyzes how the municipality navigates historical legacies of segregation and dependence on corporations like Exxaro and Eskom amidst rapid urban expansion.