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South Africa’s 2nd Biennial Update Report 2016
South Africa's 2nd Biennial Update Report (2016) provides a comprehensive assessment of the country's greenhouse gas (GHG) emissions from 2000 to 2012, highlighting the energy sector as the primary contributor. It outlines national mitigation strategies, including the introduction of a carbon tax and carbon budgets, and details the financial resources mobilized from bilateral and multilateral sources. The report also describes the development of a national monitoring, reporting, and verification (MRV) system and the National Greenhouse Gas Inventory System (NGHGIS) to improve data accuracy and transparency.
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Document type: Report
WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA
The document argues that poor environmental governance by the Department of Mineral Resources (DMR) and the Department of Water and Sanitation (DWS) leads to systemic violations of environmental rights in South Africa's mining sector. It highlights severe impacts on water resources, including acid mine drainage and the depletion of aquifers, and notes the destruction of strategic water source areas (SWSAs). The CER identifies critical failures in the Environmental Impact Assessment (EIA) process, citing insufficient timeframes for public participation and a lack of independence among practitioners. It recommends transferring environmental regulation of mines from the DMR to environmental authorities, implementing free prior and informed consent (FPIC) for communities, and establishing 'no-go' areas for mining in ecologically sensitive zones.
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Document type: Statement
NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA
The South African Human Rights Commission (SAHRC) is convening a National Hearing on 13-14 September 2016 to investigate socio-economic challenges in mining-affected communities across South Africa. Following consultations in KwaZulu-Natal, Limpopo, and Mpumalanga, the Commission identified systemic issues including non-compliance with legal and environmental obligations, failures in enforcement, insufficient community consultation, and limited social upliftment. The SAHRC has invited the Centre for Environmental Rights to provide submissions specifically regarding the efficacy of environmental compliance monitoring, the implementation of Environmental Impact Assessments (EIAs) and Environmental Management Plans (EMPs), and the impact of mining on water resources and ecosystems.
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT FOR THE PROPOSED MOKOLO CROCODILE (WEST) WATER AUGMENTATION PROJECT PHASE 2
The Centre for Environmental Rights, acting for Earthlife Africa Johannesburg, submitted comments on the Background Information Document (BID) for the proposed Mokolo Crocodile (West) Water Augmentation Project Phase 2 (MCWAP-2). The submission expresses significant reservations regarding the project's sustainability and feasibility, citing climate change and water scarcity, and requests further clarity on the environmental impact assessment (EIA) process and public consultation.
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Document type: Statement
RECOMMENDATIONS FOR THE CLIMATE CHANGE IMPACT ASSESSMENT TO BE CONDUCTED BY THABAMETSI POWER PROJECT (PTY) LTD
The Centre for Environmental Rights (CER), on behalf of Earthlife Africa Johannesburg, provides recommendations to improve the scope of the Climate Change Impact Assessment (CCIA) and Palaeontological Impact Assessment Report (PIAR) for the proposed 1200MW Thabametsi coal-fired power station near Lephalale, Limpopo. The CER argues that the current scoping report is too narrow and fails to align with international best practices or South Africa's climate commitments under the Paris Agreement and its Intended Nationally Determined Contribution (INDC).
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Document type: Statement
Water: Facts and Futures
The report provides a comprehensive overview of South Africa's water crisis, highlighting the critical role of 'ecological infrastructure' and the need to transition from a reliance on ageing surface-water dams to sustainable groundwater management and water-sensitive urban design. It details the threats to freshwater biodiversity, the systemic failures in wastewater treatment and sanitation, and the necessity of public-private partnerships in water stewardship to mitigate risks to the economy and public health.
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Document type: Report
REQUEST FOR STRENGTHENING AND PUBLICATION OF THE NATIONAL GREENHOUSE GAS EMISSION REPORTING REGULATIONS, THE NOTICE OF INTENTION TO DECLARE GREENHOUSE GASES PRIORITY POLLUTANTS AND THE POLLUTION PREVENTION PLAN REGULATIONS
The Centre for Environmental Rights, representing several non-governmental and community organisations, urges the South African government to finalise and publish draft regulations for greenhouse gas (GHG) reporting and pollution prevention. The letter argues that these regulations are essential for South Africa to meet its commitments under the Paris Agreement and its Intended Nationally Determined Contribution (INDC), specifically regarding the introduction of mandatory GHG reporting by 2016. Key demands include shifting reporting from a company level to an individual facility level and ensuring that GHG emission data is made publicly available through the National Atmospheric Emission Inventory System (NAEIS). The authors warn that failing to incorporate these transparency and monitoring measures could render the regulations unconstitutional and hinder the state's ability to track emissions trajectories and identify mitigation opportunities.
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Document type: Statement
Running on Empty
South Africa faces a severe water crisis driven by climate change, population growth, and crumbling infrastructure. The report argues that the country must shift its focus from building new infrastructure to managing demand through water efficiency. Key opportunities for savings include improving agricultural irrigation (30-40%), reducing municipal leaks and household waste (12-30%), and increasing industrial efficiency. The document emphasizes the role of the business community in disclosing water use and investing in water-saving technologies to avoid economic instability and social unrest.
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Document type: Report
National Environmental Compliance and Enforcement Report 2015/16
The National Environmental Compliance and Enforcement Report 2015/16 details the activities of South Africa's Environmental Management Inspectorate (EMI). It records a total of 2,647 EMIs, with a significant increase in proactive inspections and a rise in administrative notices. The report highlights enforcement trends in 'brown' (pollution/waste), 'green' (biodiversity), and 'blue' (marine/freshwater) sectors, noting a stabilization in rhino poaching numbers. It also documents specific legal cases, legislative updates, and capacity-building efforts for inspectors and prosecutors.
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Document type: Report
Corporate Social Responsibility in South Africa’s Mining Industry: An Assessment
The document examines the effectiveness of corporate social responsibility (CSR) in the South African mining sector, identifying significant gaps in coordination, monitoring, and alignment with government development frameworks. While mining companies possess substantial financial capacity—exemplified by Anglo American Platinum's ZAR 100 million expenditure on education between 2012 and 2014—the briefing argues that CSR is often treated as ad hoc charity or driven by corporate competition rather than integrated development goals. It highlights weaknesses in the Mineral and Petroleum Resources Development Act (MPRDA) and recommends stronger alignment with the National Development Plan (NDP) 2030 and local integrated development plans (IDPs) to ensure sustainable socio-economic impact.
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Document type: Policy brief
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015
This document is an appeal submitted by Earthlife Africa Johannesburg on 11 May 2015 to the Minister of Environmental Affairs. The appeal challenges the environmental authorisation granted on 25 February 2015 to Newshelf 1282 (Pty) Limited for the construction of the 1200 megawatt (MW) coal-fired Thabametsi power station near Lephalale in the Limpopo Province. The appellant argues that the decision was unlawful, failed to consider critical air quality and water scarcity issues, ignored climate change obligations, and violated the Promotion of Administrative Justice Act (PAJA).
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 NATIONAL ENVIRONEMNTAL MANAGEMENT ACT, 1998 AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED TO NEWSHELF 1282 (PTY) LTD FOR THE ESTABLISHMENT OF A 1200MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE – IPP THABAMETSI POWER STATION NEAR LEPHALALE, LIMPOPO PROVINCE
This document is a formal letter from the Centre for Environmental Rights, acting on behalf of Earthlife Africa, Johannesburg, submitting an appeal to the Minister of Environmental Affairs against the integrated environmental authorisation granted to Newshelf 1282 (Pty) Ltd for the construction of the 1200MW coal-fired Thabametsi Power Station near Lephalale, Limpopo Province.
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Document type: Statement
Joint Media Statement by Civil Society Coalition on the MPRDA: Minister Ramatlhodi chooses a dangerous path
A coalition of civil society organisations condemns the South African Minister of Mineral Resources for prioritising corporate interests over the rights and health of mining-affected communities. The statement highlights widespread protests across multiple provinces due to pollution, socio-economic hardship, and the exclusion of communities from the legislative process regarding the Mineral and Petroleum Resources Development Act (MPRDA). The coalition warns that rushing the Amendment Bill without genuine consultation will lead to further instability and constitutional challenges, while also noting the impact of illicit financial flows by multinational mining companies.
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Document type: Statement
A Promise Betrayed: Policies and Practice Renew the Rural Dispossession of Land, Rights and Prospects
The policy brief contends that South Africa is failing to secure land tenure for those affected by apartheid-era dispossession. Instead of democratic reform, the authors argue that the state is implementing a separate legal regime for former 'homelands' that empowers chiefs and marginalizes rural communities, particularly regarding the distribution of wealth from platinum mining in the North West and Limpopo provinces.
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Document type: Policy brief
Farming Facts and Futures
The report examines the critical pressures facing South African agriculture, including resource scarcity, climate change, and socio-economic inequality. It highlights the interdependence of food, water, and energy systems, warning that current trends in soil degradation, water over-abstraction, and biodiversity loss threaten long-term productivity. The document calls for a shift toward sustainable farming practices, improved land-use planning, and coordinated governance to protect the natural resource base while feeding a growing population.
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Document type: Report
REVIEW OF NATIONAL LAWS AND POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES SOUTH AFRICA
The report examines the legal landscape for indigenous peoples and local communities in South Africa, highlighting a tension between constitutional human rights and state-led developmental interests. While frameworks like the National Environmental Management: Biodiversity Act (NEMBA) provide for benefit-sharing in bioprospecting, other sectors—particularly mining and large-scale infrastructure—often prioritize national interests over community rights. The document notes that the lack of a permanent communal land tenure regime and the 1913 cut-off date for land restitution significantly hinder the self-determination of groups like the Khoi-San. It concludes that while co-management models in protected areas exist, they often fail to decentralize power effectively.
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Document type: Report
National Environmental Compliance & Enforcement Report 2013/14
The National Environmental Compliance & Enforcement Report 2013/14 details the activities of South Africa's Environmental Management Inspectorate (EMI). Key trends include a 12.26% increase in registered EMIs and a significant rise in reported environmental incidents. While industrial sectors like cement and refineries show improved performance due to proactive inspections, biodiversity crimes—particularly rhino poaching—remain a critical concern despite heavy court sentences. The report also highlights legislative updates, judicial precedents regarding the 'polluter pays' principle, and capacity-building initiatives for law enforcement and prosecutors.
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Document type: Report
South Africa’s Implementation of the APRM: Making a Difference or Going Through the Motions?
The document evaluates South Africa's third APRM implementation report (SAIR3), noting improvements in reporting quality and honesty compared to previous reports. However, it argues that the APRM remains largely a foreign policy tool with little domestic impact, as the NPoA is not integrated into national policies like the National Development Plan (NDP) and governance challenges identified in 2007 persist.
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Document type: Policy brief
ESKOM’S APPLICATIONS FOR POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT, 2004: ESKOM HEALTH STUDIES
The Centre for Environmental Rights (CER) submitted a letter to the Department of Environmental Affairs on 24 June 2014, arguing that Eskom failed to conduct necessary health impact assessments for its applications to postpone Minimum Emission Standards (MES). The CER highlights expert estimates of significant premature deaths and economic costs resulting from Eskom's emissions and notes that Eskom previously withheld its own internal health risk reports from the public.
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Document type: Statement
Analysing South Africa’s 2014 election results
The 2014 South African elections saw the ANC retain power with 62.2% of the vote, though it experienced a real loss of 10.41% when controlling for registered voter growth. The DA increased its national vote share to 22.23%, consolidating its position as the official opposition, while the newly formed EFF secured 6.35% of the national vote and became the official opposition in Limpopo and the North West. The analysis highlights significant ANC losses in Gauteng and predicts highly competitive 2016 local government races in the City of Johannesburg, Tshwane, and Nelson Mandela Bay.
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Document type: Policy brief