Search Climate Insights Directory

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.

This Climate Resilience Assessment (CRA), conducted by Environmental Resources Management Southern Africa Pty (Ltd) in January 2017, evaluates climate-related risks for the proposed 1,200 MW Thabametsi coal-fired power station in Lephalale, Limpopo Province, South Africa. The report identifies key vulnerabilities related to increasing temperatures, water scarcity, and extreme weather events, proposing adaptation measures to enhance the project's long-term resilience.

A decision letter from the Limpopo Department of Economic Development, Environment & Tourism dismissing an appeal by the Centre for Environmental Rights against the environmental authorisation granted to the Musina-Makhado Special Economic Zone (SOC) Ltd.

The document provides a legal primer on the Mineral and Petroleum Resources Development Act (MPRDA) and details four community-led legal battles in South Africa to protect land rights and ensure transparency in mining operations.

The Centre for Environmental Rights (CER) has released a toolkit to guide citizens in submitting feedback on South Africa's Climate Change Bill. The guide outlines the lawmaking process, explains the role of Nationally Determined Contributions (NDCs), and identifies critical gaps in the Bill, such as the lack of urgent timeframes for emissions targets, weak transparency provisions, and the use of an outdated 2015 NDC as an interim trajectory. It urges the public to demand stronger penalties for exceeding carbon budgets and more meaningful public participation hearings.

The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg (ELA), wrote to the Department of Energy on 18 October 2016 to question the appointment of Thabametsi Power Company (Pty) Limited as a preferred bidder for a coal-fired power station. The CER highlights a pending High Court review application regarding the project's environmental authorisation, specifically the failure to conduct a climate change impact assessment, and requests clarity on whether Thabametsi disclosed this legal challenge to the Department as required by the procurement criteria.

The guide outlines the legal framework for mining in South Africa, emphasizing the rights of affected communities to information, a healthy environment, and consultation. It details the four primary government permissions required for mining—mining/prospecting rights, environmental management plans, water use licences, and environmental authorisations—and provides a roadmap for community members to object to applications, seek compensation, and report environmental crimes.

The Centre for Environmental Rights (CER) argues that South Africa's climate position for COP21 must be grounded in Constitutional obligations to protect human health and the environment. The CER contends that current investments in coal-fired power stations contradict national climate goals and that the state requires transparent, science-based emission regulations and enforcement to meet its legal duties.

The Centre for Environmental Rights (CER) provides a detailed table of comments and proposed amendments to the National Environmental Management Laws Amendment Bill, 2017. The document focuses on strengthening environmental compliance, improving financial provisioning for rehabilitation, and ensuring public participation in administrative processes across several South African environmental acts, including NEMA, NEMPAA, NEMBA, NEMAQA, NEMICMA, and NEMWA.

The document identifies 22 water source areas (WSAs) in South Africa that provide 50% of surface run-off from only 8% of the land, supporting 60% of the population and 67% of economic activity. It highlights critical threats including coal and gold mining, fracking, climate change, and alien invasive vegetation, noting that only 13% of WSAs are under formal protection under the National Environmental Management: Protected Areas Act (NEMPAA). The guide provides a 'Legal Toolbox' of seven legislative mechanisms to restrict harmful activities and restore ecological infrastructure.

The report finds that Eskom's current retrofit plan is insufficient to address sulphur dioxide (SO2) emissions, leading to significant projected mortality and economic losses. Full compliance with the MES by 2025 would avoid approximately 2,300 deaths and R42 billion in economic costs annually. The most stringent scenario, applying Best Available Technology (BAT), would reduce health impacts by over 90% by 2031 compared to the current plan.

The Department of Environmental Affairs (DEA) of South Africa granted environmental authorisation to Limpopo Coal Company (Pty) Ltd (LCC), a subsidiary of Coal of Africa Limited, for the Vele Colliery project. This authorisation, issued under section 24G of the National Environmental Management Act (NEMA), rectifies the unlawful commencement of several listed activities, including road construction, vegetation clearance, and the building of a slurry dam. The project is a phased coal mine with an estimated 29-year lifespan, consisting of open cast and underground operations.

The report finds that the DMRE's capacity for environmental compliance monitoring and enforcement at mines remains 'woefully inadequate', with a severe shortage of qualified inspectors relative to the number of operating mines. Analysis of data from 2017 to 2019 reveals a decrease in inspections in six of nine provinces and significant discrepancies between the DMRE's annual reports and information provided via PAIA requests. The document highlights a lack of transparency, noting that the DMRE does not publish a comprehensive results report similar to the National Environmental Compliance and Enforcement Report (NECER). Criminal enforcement is described as inconsistent, with some provinces recording no activity and others showing a steep drop-off between arrests and successful prosecutions.

The Minister of Environment, Forestry and Fisheries confirms that the Limpopo Department of Economic Development, Environment and Tourism (LEDET) is the competent authority for the Musina-Makhado Special Economic Zone infrastructure application. The Minister notes that concerns regarding climate change, air pollution, and water availability are included in the EIA Plan of Study. The Ministry rejects the need for a Strategic Environmental Assessment and maintains that the public participation process met legal requirements.

This document is a PAIA Manual issued by the South African Department of Mineral Resources and Energy (DMRE). It serves as a guide for the public to exercise their constitutional right of access to information held by the Department, detailing the types of records available, the process for requesting them, and the protections afforded to personal information under the Protection of Personal Information Act (POPIA).

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 document details a progression of severe climate impacts in South Africa, moving from initial disruptions in marine resources, agriculture, and water availability to eventual large-scale uninhabitability, infrastructure collapse, and mass migration as temperatures rise toward 4°C+ by 2100.

The Department of Environmental Affairs of the Republic of South Africa has granted an integrated environmental authorisation to Newshelf 1282 (Pty) Ltd for the establishment of the 1200MW coal-fired IPP Thabametsi Power Station and associated infrastructure near Lephalale in the Limpopo Province.

The Centre for Environmental Rights (CER) and the Legal Resources Centre (LRC) provided joint submissions on 18 July 2012 regarding the National Environmental Management Laws Amendment Bill, 2012. The document offers a detailed critique of proposed amendments to the National Environmental Management Act (NEMA), the Biodiversity Act, and the Air Quality Act, focusing on environmental governance, criminal liability, and the rights of traditional communities.

A letter from the South African Minister of Environmental Affairs notifying the Centre for Environmental Rights that, following a March 2017 High Court order, the Minister has reconsidered the appeal against the environmental authorisation for the proposed 1200MW Thabametsi coal-fired power station in Limpopo Province.