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ENVIRONMENTAL AUTHORISATION ISSUED IN RESPECT OF THE PROPOSED CONSTRUCTION OF A 600MW COAL-FIRED INDEPENDENT POWER PLANT (IPP) AND ASSOCIATED INFRASTRUCTURE FOR KIPOWER (PTY) LIMITED SOUTH AFRICA NEAR DELMAS, IN MPUMALANGA
The Centre for Environmental Rights (CER) is challenging the South African Minister of Environmental Affairs' decision to authorize a 600MW coal-fired power plant for KiPower (Pty) Limited near Delmas, Mpumalanga. Citing the 'Thabametsi judgment', the CER argues that the law requires a comprehensive climate change impact assessment—covering GHG emissions, water scarcity, and social costs—before such authorization is granted. The CER has proposed a legal settlement to require this assessment and set aside the previous decision.
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Document type: Statement
NOTICE OF INTENTION TO APPEAL AGAINST THE INTEGRATED ENVIRONMENTAL AUTHORISATION ISSUED IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AND THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010 FOR THE ESTABLISHMENT OF A 600MW COAL-FIRED POWER STATION AND ASSOCIATED INFRASTRUCTURE – IPP KHANYISA POWER STATION NEAR EMALAHLENI, MPUMULANGA PROVINCE.
A notice of intention to appeal submitted by groundWork, represented by the Centre for Environmental Rights, against the integrated Environmental Authorisation for the 600MW IPP Khanyisa coal-fired power station near Emalahleni, Mpumalanga Province.
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Document type: Statement
SUBMISSIONS BY THE CENTRE FOR ENVIRONMENTAL RIGHTS TO THE NATIONAL COUNCIL OF PROVINCES ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL [B 15D-2013]
The Centre for Environmental Rights (CER) submits that the Mineral and Petroleum Resources Development Amendment Bill [B 15D-2013] is vulnerable to constitutional challenge due to procedural irregularities in Parliament. The CER argues that the Bill dilutes the rights of women and communities to benefit from mineral resources and fails to align environmental management of mines with the higher standards of the National Environmental Management Act (NEMA). Specifically, the CER opposes the 'deeming' of old-order environmental management programmes as NEMA authorisations, which it claims exonerates companies operating illegally. The submission also calls for the Department of Mineral Resources to be stripped of environmental regulation duties, citing a lack of capacity and an inherent conflict of interest between promoting mining and protecting the environment.
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Document type: Statement
APPEAL IN TERMS OF SECTION 148(1) OF THE NATIONAL WATER ACT, 1998 IN RESPECT OF THE WATER-USE LICENCE ISSUED TO ATHA-AFRICA VENTURES (PTY) LTD FOR ITS PROPOSED YZERMYN UNDERGROUND COAL MINE
The Centre for Environmental Rights (CER), representing the Endangered Wildlife Trust (EWT) and the Federation for a Sustainable Environment (FSE), submitted representations to the Minister of Water and Sanitation on 2 March 2017. The document argues against a petition by Atha-Africa Ventures (Pty) Ltd to uplift the suspension of a water-use licence (WUL) for the proposed Yzermyn underground coal mine, asserting that the suspension should remain until the Water Tribunal resolves the pending appeal.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER) submitted a formal statement to the Dr Pixley Ka Isaka Seme Local Municipality challenging a land use application for Portion 1 of the Farm Yzermyn 96 HT. The CER argues that the application for rezoning is legally flawed because no town-planning scheme exists for the area, and that the process has failed to meet statutory requirements for public notice and inspection.
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Document type: Statement
APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT
The Centre for Environmental Rights (CER), representing several environmental and community organizations, submitted a formal objection to a rezoning application for Portion 1 of the farm Yzermyn 96 HT. The CER argues that the public notice for the rezoning was legally deficient and that the Dr Pixley Ka Isaka Seme Local Municipality failed to provide access to the application documents, hindering the clients' ability to submit detailed objections.
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Document type: Statement
Women’s Human Rights to Water, Food and a Healthy Environment
The document highlights how large-scale development projects like dams and mines negatively impact women, who often face displacement to marginal lands, loss of resource access, and exclusion from decision-making. While international legal instruments protect the rights to water, food, and a healthy environment, the briefing notes a failure in implementation, particularly in resource-dependent countries with weak governance. It calls for integrated governmental approaches, gender-sensitive corporate due diligence, and capacity building for women to seek legal redress. Case studies from South Africa, Kenya, and India demonstrate that legal training and empowerment can enable women to successfully challenge mining companies and secure land titles.
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Document type: Briefing
Quality Assuring Work Integrated Learning
The document outlines a comprehensive framework for managing student internships in the biodiversity sector, focusing on aligning workplace experience with academic curricula. It provides a seven-step approach covering the definition of quality WIL, organizational preparation, recruitment and selection, workplace induction, mentoring strategies, assessment methods, and monitoring and evaluation. The guide emphasizes the importance of 'the right fit' between a student's academic background and the host's operational needs, suggesting a balance of 75% curriculum-related work and 25% support tasks. It also details the roles of universities, students, and employers in the assessment process and provides tools such as a Career Development Map and a Monitoring and Evaluation Framework to ensure professional growth and organizational benefit.
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Document type: Guide
Renewable Energy: Facts and Futures
The report examines South Africa's renewable energy landscape, highlighting the success of the Renewable Energy Independent Power Producer Procurement Programme (REI4P) in attracting R195 billion in investment and creating 26,790 jobs. It argues that South Africa possesses world-class solar and wind resources that could allow for a 70% renewable energy share by 2040, reducing costs and emissions. However, the document identifies significant barriers, primarily the state utility Eskom's reluctance to sign power purchase agreements and a historical path-dependency on coal. It also discusses the rise of rooftop photovoltaics and the necessity of a 'just transition' to protect workers in the coal sector.
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Document type: Report
Request to DEA for correspondence between the Atha-Africa Ventures (Pty) Ltd relating to the planned Yzermyn in the Mabola Protected Environment
The Centre for Environmental Rights (CER) submitted a request to the Department of Environmental Affairs (DEA) on 7 December 2016 for records concerning the proposed Yzermyn underground coal mine in the Mabola Protected Environment.
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Document type: Statement
Coal mining threatens people’s access to water in Mpumalanga, South Africa
Coal mining in Mpumalanga, South Africa, has severely contaminated water sources and degraded land, leading to health issues and increased poverty. Women are disproportionately affected due to their roles as caregivers, facing increased labor, economic instability, and risks of violence. Despite national and international legal frameworks, the document argues that economic interests and a lack of enforcement allow mining companies to operate with impunity.
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Document type: Case study
IWULA, IWUL and Specialist Investigation Review of the Yzermyn Colliery Mpumalanga
The review finds that the specialist studies for the Yzermyn underground coal mine are materially incomplete, particularly regarding hydrogeology, wetlands, and hydrology. The groundwater model is classified as low confidence (Class 1), failing to account for seasonal variations or the specific characteristics of dolerite sills, dykes, and faults. This leads to an underestimation of impacts on groundwater-dependent ecosystems, including the potential drying up of springs and wetlands. Hydrological assessments are based on outdated layouts and fail to adhere to General Notice 704 regarding flood line Exclusion Zones. Consequently, the report argues that the issued IWUL lacks sufficient conditions to mitigate environmental risks to an acceptable standard.
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Document type: Report
Request to DEA for the application by Atha-Africa Ventures to mine in the Mabola Protected Environment
The Centre for Environmental Rights (CER) submitted a request to the Department of Environmental Affairs (DEA) on 20 October 2016 for records concerning Atha-Africa Ventures' application to mine commercially in the Mabola Protected Environment.
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Document type: Statement
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 96(1)(a) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002, AND REGULATION 74 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004
This document is a statement of grounds of appeal filed on 13 October 2016 by eight environmental and community organisations against the approval of the Environmental Management Programme (EMPR) for the Yzermyn underground coal mine. The appellants argue that the approval, granted by the Mpumalanga Regional Manager of the Department of Mineral Resources (DMR) on 28 June 2016, ignored critical biodiversity risks, failed to provide adequate mitigation for water resource degradation, and disregarded the socio-economic vulnerability of local rural communities.
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Document type: Statement
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
CHAMBER OF MINES RESPONSE TO CERs REPORT: ZERO HOUR: POOR GOVERNANCE OF MINING AND THE VIOLATION OF ENVIRONMENTAL RIGHTS IN MPUMALANGA
The Centre for Environmental Rights (CER) defends its 'Zero Hour' report against criticisms from the Chamber of Mines, asserting that the report's findings on environmental violations in Mpumalanga are based on extensive evidence. The CER rejects the Chamber's claim that the Department of Mineral Resources (DMR) has a proven track record of regulation, instead citing a 'consistent failure' in compliance monitoring and enforcement. The CER calls for increased transparency, better protection of strategic water source areas, and improved DMR capacity to prevent further environmental degradation.
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Document type: Statement
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
COMMENTS ON THE DRAFT STRATEGY TO ADDRESS AIR POLLUTION IN DENSE LOW INCOME SETTLEMENTS
The Centre for Environmental Rights (CER), representing several environmental justice organisations, submitted comments on the 2016 Draft Strategy to Address Air Pollution in Dense Low Income Settlements. While welcoming the document, the CER argues that it lacks measurable plans, adequate baseline data, and a strategy for community consultation to effectively address the health impacts of domestic fuel burning in South Africa.
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Document type: Statement
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
APPELLANTS’ STATEMENT OF GROUNDS OF APPEAL IN TERMS OF SECTION 43(2) OF NEMA AND REGULATION 61 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2010
A statement of grounds of appeal filed by eight environmental and community organisations against an environmental authorisation granted on 7 June 2016 to Atha Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine near Wakkerstroom, Mpumalanga. The appellants argue that the authorisation is based on a fundamentally flawed Environmental Impact Assessment Report (EIAR) that ignores critical biodiversity risks, fails to address socio-economic impacts on vulnerable communities, and was granted by an incorrect competent authority.
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Document type: Statement