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second-respondents-answering-affidavit-938e00edf723528f.pdf
This document is an answering affidavit filed by Uthaka Energy (Pty) Ltd (the Second Respondent) in the High Court of South Africa, Mpumalanga Division. The affidavit opposes a review application brought by several environmental organizations (the Applicants) who seek to overturn a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga to exclude four properties from the Mabola Protected Environment Area to allow for underground coal mining.
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Document type: Statement
SECOND RESPONDENT’S PRACTICE NOTE
This practice note concerns a legal challenge in the High Court of South Africa (Mpumalanga Division) where applicants seek to overturn the decision to exclude four properties from the Mabola Protected Environment (MPE). The Second Respondent, Uthaka Energy (Pty) Ltd, opposes the review and argues against the inclusion of scientific reports in the court's arguments.
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Document type: Briefing
sp1-01dd4e198430009c.pdf
This report provides a wetland ecological assessment for Phase 1 of the proposed ATHA Yzermyn underground coal mine in Mpumalanga, South Africa. Conducted by Scientific Aquatic Services (SAS), the study evaluates the Present Ecological State (PES), Ecological Importance and Sensitivity (EIS), and potential impacts of mining activities on local wetland systems, including channelled valley bottoms and hillslope seeps.
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Document type: Report
sp2-ec2864561748b6bb.pdf
This report, prepared by GCS (Pty) Ltd for the Centre for Environmental Rights, reviews the water use license application (IWULA) and specialist studies for the proposed Yzermyn Underground Coal Mine in Mpumalanga. The review identifies significant gaps in hydrogeological and wetland assessments, arguing that the mine poses a substantial risk to sensitive water resources and that the current groundwater models are of low confidence and insufficient for decision-making.
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Document type: Report
sp3-fd3f8cb590d0c0ad.pdf
This document is a Social and Labour Plan (SLP) for Atha-Africa Ventures, detailing the company's strategies for employee training, community development, and socio-economic impact within the Mpumalanga Province of South Africa.
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Document type: Report
HEADS OF ARGUMENT ON BEHALF OF THE 1 ST , 2ND AND 5TH RESPONDENTS
This document contains the heads of argument submitted on behalf of the Minister of Environmental Affairs, the Minister of Mineral Resources, and the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province. The respondents oppose a judicial review application brought by several environmental organisations seeking to set aside the written permission granted to Atha Africa (Pty) Ltd to conduct underground mining within the Mabola Protected Environment (MPE). The respondents argue that the decision-making process was procedurally fair, that they were entitled to rely on interrelated statutory authorisation processes to avoid duplication, and that the permission was granted subject to stringent environmental and social conditions.
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Document type: Briefing
STOP TREADING WATER: WHAT CIVIL SOCIETY CAN DO TO GET WATER GOVERNANCE IN SOUTH AFRICA BACK ON TRACK
This report by the Centre for Environmental Rights (CER) identifies systemic failures in South Africa's water governance and provides a strategic framework for civil society to intervene. It highlights critical gaps in the implementation of the National Water Act (NWA), the failure to roll out catchment management institutions, and severe capacity constraints within the Department of Water Affairs (DWA). The document recommends a combination of legal advocacy, institutional reform, and the introduction of administrative penalties to improve compliance and ensure the progressive realisation of constitutional rights to water.
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Document type: Report
KM_C554e-20160308100741
The Minister of Environmental Affairs of South Africa dismissed an appeal by Earthlife Africa Johannesburg (represented by the Centre for Environmental Rights) against the Environmental Authorisation (EA) granted to Newshelf 1282 (Pty) Ltd for the Thabametsi Power Station. While the Minister upheld the project's approval, the decision included specific amendments to the EA's conditions regarding runoff water and surface water monitoring.
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Document type: Statement
thabametsi-nersa-objections-27-c562776ef1b90122.pdf
This document is a supplementary affidavit submitted by Earthlife Africa NPC to the National Energy Regulator of South Africa (NERSA). It presents formal objections to the license application of Thabametsi Power Company (Pty) Limited for a proposed 1200MW coal-fired power plant in Lephalale, Limpopo. Earthlife argues that the project is unnecessary, financially inefficient, and poses severe risks to water security, air quality, and climate goals.
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Document type: Statement
the-voice-reply-to-cer-26.6.2018-8a1988e188664b87.pdf
A letter from Thabiso Nene, Chairperson of The Voice Community Representative Council, to the Centre for Environmental Rights confirming the organization's role in inviting a public debate regarding a proposed coal mining project near Wakkerstroom.
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Document type: Statement
THIRD RESPONDENT’S HEADS OF ARGUMENT
The Third Respondent, Atha-Africa Ventures (Pty) Ltd, submitted heads of argument to the High Court of South Africa (Mpumalanga Division) opposing a judicial review application by several environmental NGOs. The Applicants seek to set aside a decision to rezone Portion 1 of the Farm Yzermyn 96 HT from agricultural to mining use. The Third Respondent argues that the application is a strategic attempt by the 'Green Lobby' to delay the Yzermyn coal mine and that the environmental concerns raised have already been adjudicated and dismissed by the Water Tribunal and the Pretoria High Court.
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Document type: Briefing
TWELFTH RESPONDENTS’ PRACTICE NOTE
This practice note, submitted by the Voice Community Representative Council (the Twelfth Respondent) in a High Court case in South Africa, requests that the court consider the economic impact on the local community when deciding on an urgent interim interdict to prevent a mine from opening.
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Document type: Briefing
UMCEBO - KLIPPAN
This case study examines the regulatory and legal challenges surrounding the Klippan Colliery, operated by Umcebo Mining (Pty) Ltd. Despite an initial victory for civil society when the Minister of Mineral Resources upheld an appeal against the mining right in 2008, the document details ongoing concerns regarding unauthorized mining operations, failures in environmental impact assessments, and the lack of necessary water use licenses.
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Document type: Case study
Summary of estimated annual externality costs relating to water resources for Kusile Externalities in coal mining and coal-power generation
This fact sheet by the Centre for Environmental Rights details the estimated annual water-related externality costs for the Kusile coal-fired power station and argues that the Draft Integrated Resource Plan for Electricity (2016) misrepresents the total costs of coal by failing to account for these externalities.
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Document type: Fact sheet
water-tribunal-decision-in-vuna-2010-eadbe60e14bf3de5.pdf
The Water Tribunal issued a ruling on 20 August 2010 regarding an appeal by Gideon Anderson (T/A Zonnelbloem Boedery) against a water use licence granted to Vuna Enterprises (Pty) Ltd. The Tribunal determined that the appellant lacked the legal standing (locus standi) to lodge the appeal because he had not submitted a formal written objection within a prescribed time period as required by the National Water Act (NWA).
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Document type: Report
WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS
This guide, published by the Centre for Environmental Rights, provides instructions for individuals and communities in South Africa on how to identify environmental crimes committed by mining companies and the process for reporting these offences to the South African Police Service (SAPS) for criminal prosecution.
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Document type: Guide
wpb-replying-submission-566ac351a66d4089.pdf
This document is a response filed by UX Inc. on behalf of William Patrick Bower (Pty) Ltd (WPB) to an appeal lodged by Birdlife South Africa against the granting of a mining right. WPB argues that the appeal is out of time, that Birdlife South Africa lacks standing, and that the environmental concerns raised are based on outdated data and ignore the fragmented state of the land due to historical farming.
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Document type: Statement
XSTRATA – VERKEERDEPAN EXTENSION
This case study examines the granting of a mining right and Environmental Management Programme (EMP) to Xstrata South Africa (Pty) Ltd for land in the Carolina magisterial district of Mpumalanga Province, highlighting failures in public consultation and the disregard for environmental sensitivities.
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Document type: Case study
zo-41-9f1d004e7669e639.pdf
This guide outlines the criteria and risk assessments for mining activities within high-importance biodiversity priority areas. It establishes a rigorous set of filters and a risk-averse approach to determine if mining is an optimal land use compared to the preservation of critical ecosystems and water resources.
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Document type: Guide
The new social contract
This briefing by the Green Economy Coalition argues that the existing social contract is broken due to rising inequality and distrust in institutions. It proposes the creation of a new, intersectional social contract that integrates human wellbeing with planetary health to ensure a just transition to a green economy.
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Document type: Briefing