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LE RÔLE DE L’ÉTAT DANS LA RÉUSSITE D’UNE TRANSITION JUSTE
The research paper assesses the capacity of the South African state to implement a just energy transition (JET), concluding that current state capacity is low due to a reliance on top-down, 'tick-box' public participation rather than genuine co-production. It defines a 'transition effective state' as one capable of identifying and solving community-priority problems through collaborative, context-specific processes. Fieldwork in Mpumalanga reveals that critical issues—such as the informal economy's dependence on coal, water rights, and the loss of corporate social investment services—remain invisible in national policies. The author recommends developing detailed guidelines for co-production and applying them to specific gaps in the JET framework to build legitimacy and ensure social equity.
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Document type: Research paper
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
This document is an appeal filed by groundWork and Earthlife Africa against decisions made by the National Air Quality Officer (NAQO) on 30 October 2021. The appeal disputes the granting of compliance postponements and suspensions regarding Minimum Emission Standards (MES) for several Eskom coal-fired power stations, arguing that these decisions violate the National Environmental Management: Air Quality Act (AQA), the 2017 National Framework for Air Quality Management, and the Constitution of South Africa.
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Document type: Statement
COMMENTS ON THE CLIMATE CHANGE BILL, 2018
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.
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Document type: Statement
RELEVANT INFORMATION IN RELATION TO THE DRAFT INTEGRATED RESOURCE PLAN FOR ELECTRICITY UPDATE & THE DRAFT INTEGRATED ENERGY PLAN
The Centre for Environmental Rights, on behalf of the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, urges the Portfolio Committee on Energy to compel the Department of Energy to release key technical data and conduct fair public consultations before finalising the IRP Update and IEP. The submission highlights the Department's failure to respond to PAIA requests for modelling assumptions and tariff implications. It further argues that the current planning ignores the health and water costs of coal, the emissions of nitrous oxide from CFB technology, and the financial viability of new coal and nuclear plants. Citing studies by Meridian Economics and the Frankfurt Institute, the document asserts that accelerating the decommissioning of older coal stations and prioritising wind and solar PV is the most cost-effective path for South Africa's energy future.
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Document type: Statement
BROKEN PROMISES
The report concludes that the Highveld Priority Area (HPA) has failed to improve air quality over the decade since its 2007 declaration. Despite the 2012 air quality management plan, ambient air quality remains out of compliance with health-based standards, largely due to industrial non-compliance and government failure in monitoring and enforcement. The authors highlight a deterioration in the monitoring network, inadequate dust control for mining, and a lack of resources and skilled staff within local municipalities. The report specifically criticizes the National Air Quality Officer for granting compliance postponements to major polluters Eskom and Sasol, arguing that this has hindered pollution reduction and violated the constitutional rights of residents.
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Document type: Report
REQUEST FOR THE DEPARTMENT OF HEALTH TO PARTICIPATE AS A STAKEHOLDER IN THE HIGHVELD PRIORITY AREA MULTI-STAKEHOLDER REFERENCE GROUP MEETINGS
The Centre for Environmental Rights (CER) and groundWork are urging the South African Department of Health to join the Highveld Priority Area (HPA) Multi-Stakeholder Reference Group (MSRG). They argue that the Department of Health's involvement is critical given the severe health burden caused by air pollution in the HPA, particularly from Eskom's coal-fired power stations. The document cites data suggesting thousands of premature deaths and significant IQ loss due to mercury emissions, as well as the economic costs of these health impacts, to justify the need for health officials to collaborate on air quality solutions.
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Document type: Statement
HPA REVIEW QUESTIONNAIRE TO DETERMINE WHETHER AIR QUALITY IN THE NKANGALA DISTRICT MUNICIPALITY HAS IMPROVED SINCE 2007
The Centre for Environmental Rights (CER) has issued a questionnaire to the eMalahleni Local Municipality (ELM) as part of a "mini shadow review" to evaluate the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The review seeks to identify resource gaps in the municipality and determine if air quality in the Middelburg and eMalahleni areas of the Nkangala District Municipality (NDM) has improved since the HPA was declared in 2007. The CER notes that despite statutory mechanisms, "air quality remains poor on the Highveld" as of 2016. The questionnaire focuses on several key areas: the clarity of regulatory responsibilities across government spheres; the adequacy of financial resources and budgets allocated to ELM for air quality functions since 2007/8; the qualifications and training of staff, including designated air quality officers and Environmental Management Inspectors; measures taken to reduce dust and emissions from domestic coal burning in low-income settlements; and whether industrial facilities have reduced emissions of pollutants and greenhouse gases. Additionally, the document highlights a data gap in assessing air quality improvements, noting that DEA/South African Weather Service data from 2009 to 2015 shows that "the number of exceedances of ambient air quality standards have increased slightly" and that some monitoring instruments have malfunctioned over extended periods.
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Document type: Statement
HPA REVIEW QUESTIONNAIRE TO DETERMINE WHETHER AIR QUALITY IN THE NKANGALA DISTRICT MUNICIPALITY HAS IMPROVED SINCE 2007
The Centre for Environmental Rights (CER) is conducting a "mini shadow review" to evaluate the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP) within the Nkangala District Municipality (NDM). The CER seeks to identify resource gaps and determine if air quality in areas such as eMalahleni and Middelburg has improved since the HPA was declared in 2007. The questionnaire focuses on regulatory clarity, financial and human resource capacity, dust reduction measures, emissions from domestic coal burning, and industrial pollutant and greenhouse gas reductions. The CER notes that data from the DEA/South African Weather Service between 2009 and 2015 suggests that "exceedances of ambient air quality standards have increased slightly" and that equipment malfunctions have created data gaps.
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Document type: Statement
NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN
The Nkangala District Municipality Air Quality Management Plan assesses air quality across six local municipalities, identifying significant pollution from industrial point sources, domestic fuel burning, and mining. It details ambient air quality exceedances for PM10, SO2, and NOx, identifies specific 'hot spots' such as eMalahleni and Middelburg, and outlines a comprehensive implementation plan to improve government capacity and reduce emissions by 2020.
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Document type: Report
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
00206BB9DB98190509101147
The Department of Environmental Affairs (DEA) of South Africa responded to a request from the Centre for Environmental Rights (CER) to develop regulations for the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The DEA declined this request, stating that the AQMP is a collaborative plan rather than a regulation and that existing air quality management tools are sufficient. The document also provides a detailed response to the 'Broken Promises' report, outlining progress in air quality governance, monitoring, and intergovernmental cooperation within the HPA.
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Document type: Statement
4-progress-report-fb269491caeec439.pdf
This progress report from SRK Consulting, dated October 6, 2016, outlines the initial activities and status of a project involving Eskom, focusing on stakeholder engagement, baseline assessments, and alignment with national development goals.
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Document type: Report
SUBMISSIONS ON THE REVISED DRAFT AIR QUALITY MANAGEMENT PLAN “ANNEXURE 2”
The Centre for Environmental Rights (CER) submitted comments on the revised draft Air Quality Management Plan (AQMP) for the Nkangala District Municipality (NDM). The CER argues that the plan is overly ambitious given the NDM's lack of capacity and resources, fails to align with the Highveld Priority Area (HPA) AQMP, and contains significant technical errors in its air quality modelling and data.
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Document type: Statement
Scanned Document
A letter from the South African Department of Mineral Resources to the Centre for Environmental Rights regarding a request for information under the Promotion of Access to Information Act, 2000, concerning the Optimum Colliery.
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Document type: Statement
duvha-additional-information-1e8f415b07328ba8.pdf
This briefing, sent by Eskom to the Department of Environmental Affairs (DEA) on 17 July 2014, provides additional information to support Eskom's application to postpone compliance with Minimum Emission Standards (MES) for the Duvha Power Station. The document focuses on ambient air quality monitoring data from three stations—Komati, Middelburg, and Witbank—and references an Atmospheric Impact Report regarding health and environmental assessments.
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Document type: Briefing
duvha-annual-emissions-report-2015-2016-e549bc1c813daaf8.pdf
This annual emissions report for the Duvha Power Station covers the 2015/16 financial year (01 April 2015 to 31 March 2016), detailing verified particulate emissions and calculated gas emissions as required by the station's Atmospheric Emission License.
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Document type: Report
komati-annual-emissions-report-2015-2016-1ca8b546a2c6c6ae.pdf
The Komati Power Station Annual Emission Report for the 2015-2016 financial year (1 April 2015 to 31 March 2016) details the station's emissions of particulates, SO2, NO, and CO2, as well as the availability and calibration of its monitoring equipment and compliance audit findings.
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Document type: Report
kriel-power-station-annual-emission-reporting-requirements-3768a696c2417372.pdf
A letter from Kriel Power Station to the Nkangaia District Municipality detailing emission limit exceedances for the 2015/16 financial year and the specific technical and operational remediation measures taken to address NEMA Section 30 incidents.
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Document type: Statement