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The Centre for Environmental Rights (CER), representing various community and environmental groups, submitted formal objections to Eskom's application to vary the Atmospheric Emission Licence (AEL) for the Kriel Power Station. The CER argues that the requested increase in particulate matter (PM) emissions would exacerbate poor air quality in the Highveld Priority Area, cause significant health impacts, and result from Eskom's own poor planning rather than a genuine emergency.

The Centre for Environmental Rights (CER) submitted comments to the Portfolio Committee on Mineral Resources regarding the Mineral and Petroleum Resources Development Amendment Bill, 2013. The CER criticizes the Department of Mineral Resources (DMR) for failing to meaningfully consult civil society and mining-affected communities, identifies numerous drafting errors in the Bill, and provides detailed legal objections to proposed changes concerning environmental authorizations, penalty regimes, and the granting of mining rights.

A joint submission by five environmental and social justice organisations to the South African Portfolio Committee on Mineral Resources, asserting that the Mineral and Petroleum Resources Amendment Bill [B15-2013] does not rectify systemic failures in administrative justice. The authors argue that the Bill maintains inadequate consultation timeframes, restricts access to critical mining application data, and fails to protect the rights of rural and marginalized communities against the interests of mining companies and traditional authorities.

The submission contends that the Department of Mineral Resources (DMR) lacks the human resource capacity, budget, and track record to effectively implement the National Environmental Management Act (NEMA) and its EIA regulations. It highlights a conflict of interest between the DMR's mandate to promote mining and its obligation to protect the environment, citing poor decision-making in sensitive areas and negligible compliance monitoring. The authors argue that transferring these powers to the DMR would be an inefficient use of public funds and potentially unconstitutional, as it impinges on provincial mandates. They recommend that the Minister of Environmental Affairs and provincial Executive Councils remain the sole authorities for issuing and enforcing environmental authorisations.

The report identifies strategic water source areas (SWSAs) across South Africa, Lesotho, and Swaziland, finding that just 8% of the land surface area generates 50% of the region's mean annual runoff. It assesses the land cover and protection status of these areas, noting that while 63% of SWSAs in South Africa remain in a natural condition, only 16% have formal legal protection. The document highlights threats from plantation forestry, cultivation, and mining, specifically noting that over 70% of SWSAs in Mpumalanga are under mining or prospecting licenses.

A notice of appeal submitted by BirdLife South Africa to the Minister of Mineral Resources on 30 July 2013, challenging the Director-General's decision to grant a mining right (MP 30/5/1/2/2/505 MR) to William Patrick Bower (Pty) Ltd for coal mining in the Belfast district of Mpumalanga Province.

The document argues that Eskom's applications for emission standard postponements and exemptions are legally invalid because ambient air quality standards (AAQS) are already exceeded in the affected priority areas. It highlights significant health risks, particularly from SO2 and mercury, and criticizes Eskom for failing to consider feasible alternatives such as renewable energy or decommissioning worst-performing plants. The submission also references a World Bank Inspection Panel report on the Medupi Power Plant, which found inadequate consideration of environmental principles, water scarcity risks, and cumulative health impacts.

Minister Edna Molewa's 2013 budget speech focuses on a 'decade of equity and redistribution' for South Africa's water sector. Key initiatives include the R4.334 billion Interim Water Supply Programme for rural backlogs, a projected R670 billion infrastructure need over ten years, and the gazetting of the National Water Resource Strategy (NWRS-2). The speech details several major dam and pipeline projects, such as the De Hoop and Mzimvubu projects, and reports on efforts to combat illegal water use and acid mine drainage.

The Centre for Environmental Rights is seeking clarification from Minister Susan Shabangu on why a mining right application from Duiker Mining (Pty) Ltd was accepted for the Chrissiesmeer Biodiversity Site, despite previous ministerial assurances that mining in this ecologically sensitive area was prohibited. The Centre notes that while the Minister claimed the process was complete, no formal declaration under section 49(1) of the Mineral and Petroleum Resources Development Act (MPRDA) has been published in the Government Gazette. They urge the Minister to formally prohibit prospecting and mining in the site for at least 20 years to ensure ecological sustainability and provide certainty to stakeholders.

The report finds a decline in the actual disclosure of environmental records in South Africa during 2012, despite a decrease in requests being ignored. While public bodies showed more active engagement with PAIA requests, active refusals increased and full grants dropped. Private companies shifted from ignoring requests to actively refusing them, often challenging the legal right of non-governmental organisations to monitor environmental compliance. Significant non-compliance was noted regarding PAIA Manuals and statutory reporting to the South African Human Rights Commission, particularly within the Department of Mineral Resources.

The document motivates the declaration of the Mabola Protected Environment, a 8,772-hectare area in southern Mpumalanga, South Africa. It highlights the area's critical biodiversity, including endangered ecosystems and threatened species, and its role as a high-yielding water catchment. The proposal aims to integrate biodiversity conservation with sustainable agriculture and eco-tourism, while mitigating threats from mining activities.

The report identifies that 8% of South Africa's land area generates 50% of its surface water run-off. These Water Source Areas (WSAs) are critical ecological infrastructures that feed the country's engineered water systems. The document details 21 specific WSAs across five provinces, highlighting that 16 are of national strategic importance. Major threats to these areas include coal mining, alien invasive vegetation, climate change, and land degradation. The report emphasizes that while engineered infrastructure is extensive, water security depends on the health of these natural catchments, many of which currently have low levels of formal protection.

The document assesses the adequacy of financial provisions for mine closure in South Africa, identifying systemic failures in estimation, securing funds, and financial reporting. It highlights that many Environmental Management Plans (EMPs) are inadequate, master rates for costs are not inflation-adjusted, and concurrent rehabilitation is underperformed. The report recommends updating the Department of Mineral Resources (DMR) guidelines, enhancing the SAMREC code, and improving public access to financial provision data. It also analyzes the risks associated with different financial instruments—such as trust funds, bank guarantees, and insurance—and the legal uncertainties regarding the ring-fencing of these funds during company insolvency or business rescue.

The Maputo Development Corridor is presented as a successful model for regional economic integration in the SADC region, connecting South Africa's Gauteng Province to Mozambique's Maputo port. Key successes include the use of public-private partnerships (PPPs) and the Maputo Corridor Logistics Initiative (MCLI) to coordinate stakeholders and improve infrastructure, such as the N4 highway and port dredging. Significant efficiency gains were achieved through a freight bypass road and one-stop border post operations, reducing some transit times from weeks to five and a half hours. However, the corridor faces ongoing constraints, including limited border post operating hours (currently 18 hours), a rail crisis in South Africa, high transport rates from Transnet Freight Rail, and a lack of political will at the administrative level to implement 24-hour operations.

The N4 toll road is a 30-year, $466 million infrastructure PPP connecting Witbank, South Africa, to Maputo, Mozambique. While traffic volumes have proven sufficient to sustain the project, the private partner, Trans African Concessions, faced significant political instability in South Africa's Mpumalanga province, bureaucratic delays in environmental authorizations, and public opposition to toll fees. To mitigate these, the company implemented tiered pricing based on national wealth disparities, conducted information campaigns, and lobbied government officials. Current efforts include the planned development of a $20 million one-stop border facility at Komatipoort/Ressano Garcia to reduce cargo congestion.

The report analyzes 32 judicial precedents and 16 'live' cases to assess the legal landscape of mining and environmental rights in South Africa. It highlights a significant increase in litigation since the 2004 Mineral and Petroleum Resources Development Act (MPRDA), noting that while courts have made progressive rulings on land-use planning and consultation, there are critical gaps in jurisprudence regarding the National Environmental Management Act (NEMA) and the National Water Act (NWA). The document identifies systemic failures in the Department of Mineral Resources' (DMR) administrative processes, including lengthy appeal delays and inadequate public notification, and provides strategic recommendations for civil society to use constitutional norms and specific precedents to hold mining companies and the state accountable.

President Jacob Zuma's 2012 State of the Nation Address focuses on a "massive infrastructure development drive" to combat unemployment, poverty, and inequality. The plan includes five geographically-focussed programmes to integrate rail, road, and water infrastructure, alongside significant investments in ports and mining beneficiation. The address also highlights the transition toward a green economy, including solar energy targets and the management of acid mine drainage, while reporting on progress in education, health, and land reform.

The document analyzes South Africa's efforts to attract sustainable local and foreign investment through a combination of industrial policies, such as the New Growth Path (NGP), and a diverse catalogue of financial and fiscal incentives. It highlights a significant decline in foreign direct investment (FDI) between 2008 and 2010, attributed largely to high labor costs, and examines the 'Gateway into Africa' initiative designed to make South Africa a regional investment hub. The paper details various dti-managed incentives targeting SMMEs, industrial development, and specific sectors like automotive and film, while noting that many investors remain unaware of these schemes or find the application process cumbersome.

The National Environmental Compliance & Enforcement Report 2011-12 details the activities of South Africa's Environmental Management Inspectorate (EMI). Key trends include a 30% increase in registered EMIs, a significant rise in Section 24G administrative fines, and a focus on combating rhino poaching. The report provides detailed statistics on criminal dockets, convictions, and industrial inspections, while highlighting landmark court cases and capacity-building efforts for inspectors and prosecutors.

The document details South Africa's efforts to increase water access, which has risen from 62% in 1994 to 93% in 2011. It highlights strategic water infrastructure projects, such as the Mokolo and Crocodile River (West) project and the Spring Grove Dam, alongside a focus on groundwater and desalination. Environmental priorities include combating rhino poaching, implementing the Waste Act to foster a recycling sector, and finalizing a Climate Change Response Policy White Paper ahead of the UN Climate Change conference in Durban. The Minister emphasizes the role of the environment sector in job creation through programs like Working for Water and Working for Wetlands.