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OPEN LETTER FROM ENVIRONMENTAL ACTIVISTS TO PRESIDENT RAMAPHOSA ON THE SOUTH AFRICA INVESTMENT CONFERENCE, 5 – 7 NOVEMBER 2019
An open letter from a coalition of environmental activists to President Cyril Ramaphosa urging that the South Africa Investment Conference (5–7 November 2019) prioritize responsible investment over the exploitation of natural resources, specifically opposing the weakening of water use regulations to attract business.
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Document type: Statement
The use of less-lethal weapons in South African prisons and crowd management
This monograph examines the use and misuse of less-lethal weapons (LLWs) within South African prisons and by the South African Police Service (SAPS) Public Order Police (POP) units during crowd management from 2013 to 2018. It analyzes the legal and regulatory frameworks of the Department of Correctional Services (DCS) and SAPS, highlighting systemic failures in accountability, the use of equipment as instruments of torture, and the lethal consequences of weapons marketed as 'less-lethal'.
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Document type: Report
Mpumalanga Town-planning and Land Related Laws Repeal Act (2/2016): Determine 1 October 2019, as the date for the coming into operation of the said Act
Premier Refilwe Maria Mtshweni-Tsipane officially determined 1 October 2019 as the commencement date for the Mpumalanga Town Planning and Land Related Laws Repeal Act, 2016, which had been assented to on 30 January 2017.
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Document type: Statement
APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY
This document contains legal submissions by a coalition of eight environmental organisations, represented by the Centre for Environmental Rights, appealing a decision by the Gert Sibande District Joint Municipal Planning Tribunal. The appeal seeks to revoke the approval of a land-use change application by Atha-Africa Ventures (Pty) Ltd to enable the construction of the Yzermyn Underground Coal Mine on Portion 1 of the farm Yzermyn 96 HT, arguing that the decision is unlawful, environmentally catastrophic, and contrary to national water security interests.
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Document type: Report
Internal affairs: Do South Africa’s largest political parties effectively police corruption?
This report evaluates the internal anti-corruption mechanisms of South Africa's three largest political parties: the African National Congress (ANC), the Democratic Alliance (DA), and the Economic Freedom Fighters (EFF). It concludes that while formal policies exist, their practical application is often undermined by political considerations, hierarchical structures, and a preference for party solidarity over probity.
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Document type: Report
Protecting the public or politically compromised? South Africa’s anti-corruption bodies
This report examines the operational independence of South Africa's National Prosecuting Authority (NPA) and the Office of the Public Protector (PP), arguing that both have been compromised by political interference and the appointment of partisan leaders.
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Document type: Report
Review of the Yzermyn Financial Provision for the Centre for Environmental Rights Report
GCS Water and Environment reviewed the financial provisioning for the Yzermyn coal mine and found it insufficient. The report highlights the omission of costs for wetland rehabilitation, offsets, and long-term wastewater treatment for mine decant. It provides revised cost estimates, arguing that significant residual environmental impacts require substantial additional funding for offsets and long-term management to meet regulatory requirements.
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Document type: Report
MIND THE GAP
This report analyzes the failure of Section 139 interventions in South African municipalities between 1998 and 2019. It finds that interventions are typically initiated too late, are legally misclassified to avoid mandatory financial recovery processes, and rely on an unauthorized 'administrator model' that often exacerbates municipal collapse. The authors call for a standardized, non-political implementation framework with clear triggers and strengthened oversight.
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Document type: Report
NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOM’S FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vukani Environmental Justice Movement in Action, issued a formal request to the Minister of Environment, Forestry and Fisheries for immediate enforcement action against Eskom's Kendal power station. The letter alleges flagrant and chronic non-compliance with Atmospheric Emission Licence (AEL) conditions, specifically regarding particulate matter (PM) limits, and argues that previous government interventions have failed to compel compliance.
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Document type: Statement
APPELLANTS’ RESPONDING STATEMENT, IN TERMS OF REGULATION 74(8) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, TO THE REASONS FOR DECISION OF THE MPUMALANGA REGIONAL MANAGER
This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd’s proposed Yzermyn Mine. The appellants argue that the Mpumalanga Regional Manager approved an EMPR that had previously been found to fail statutory requirements regarding environmental protection, specifically concerning wetlands and water resources.
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Document type: Statement
Admission as amicus curiae in terms of Rule 16A of the Uniform Rules of Court in the matter of The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others (NGHC case no. 39724/19)
The Centre for Environmental Rights, acting for applicants groundWork and Vukani Environmental Justice Movement in Action, provides written consent for the United Nations Special Rapporteur on Human Rights and the Environment, Mr David Boyd, to be admitted as an amicus curiae in the case of The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others (NGHC case no. 39724/19).
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Document type: Statement
NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)
A notice of appeal filed on 3 July 2019 by a coalition of eight civil society and community non-profit organisations, represented by the Centre for Environmental Rights (CER), challenging the decision of the Gert Sibande District Municipal Planning Tribunal to approve a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga Province.
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Document type: Statement
APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
The Centre for Environmental Rights (CER) is challenging the approval of a land-use change for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga. The CER argues that the approval by the Gert Sibande Joint Municipal Planning Tribunal is invalid because a previous decision by the Dr Pixley Ka Isaka Seme Local Municipality Joint Municipal Planning Tribunal to dismiss the application remains legally binding.
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Document type: Statement
Admission as amicus curiae in terms of Rule 16A of the Uniform Rules of Court in the matter of The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others (NGHC case no 39724/19)
Lawyers for Human Rights requested consent for UN Special Rapporteur David Richard Boyd to act as amicus curiae in a South African court case (NGHC case no 39724/19). Boyd intended to provide international and comparative legal perspectives on State obligations regarding air pollution and the right to a healthy environment to assist the court in interpreting the NEM: Air Quality Act and the South African Constitution.
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Document type: Statement
The Truth about Mpumalanga Coal Mines Failure to Comply with their Water Use Licences
This report by the Centre for Environmental Rights evaluates water use licence (WUL) compliance among eight large coal mining operations in South Africa's Mpumalanga province. It concludes that the regulatory system has effectively disintegrated, characterized by massive failures by the Department of Water & Sanitation (DWS), non-compliance by mining companies, and misleading reports from independent auditors.
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Document type: Report
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
This document is a Rule 16A notice filed in the High Court of South Africa, Gauteng Division, Pretoria, in June 2019. It outlines the constitutional issues raised by applicants—including GroundWork and the Vukani Environmental Justice Alliance—regarding air pollution in the Highveld Priority Area and the failure of the Minister of Environmental Affairs to establish regulations to implement the Highveld Priority Area Air Quality Management Plan.
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE
This document is a formal appeal submitted by the Centre for Environmental Rights on behalf of Earthlife Africa and groundWork to the Minister of Environmental Affairs. The appeal seeks to set aside an Environmental Authorisation granted on 15 March 2019 to the Department of Water and Sanitation for Phase 2A of the Mokolo and Crocodile River (West) Augmentation Project (MCWAP-2A). The appellants argue that the project is unnecessary, environmentally damaging, and based on outdated energy demand assumptions.
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Document type: Statement
APPLICATION FOR CHANGE IN LAND-USE (IN TERMS OF REGULATION 18 OF THE SPLUM REGULATIONS), IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
The Centre for Environmental Rights (CER) wrote to the Municipal Manager of the Dr Pixley Ka Isaka Seme Local Municipality on 15 March 2019 to request the status of a land-use change application for Portion 1 of Yzermyn 96 HT, following reports that a previous outcome was communicated erroneously.
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Document type: Statement
BRICS — energy cooperation: why Russia and South Africa still need each other
This research paper examines the energy cooperation between Russia and South Africa within the BRICS framework, analyzing Russia's strategic pivot toward emerging markets and South Africa's shift from a failed large-scale nuclear deal toward renewable energy projects.
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Document type: Research paper
The end of coal? Planning a just transition in South Africa
This report by the Stockholm Environment Institute and the Energy Research Centre examines the potential significant decline of coal production in South Africa over the next five to ten years and the requirements for ensuring a "just transition."
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Document type: Report