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APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA)
This document is a formal response from a land development applicant, submitted by Peter Dacomb of The Practice Group, to the Dr Pixley Ka Isaka Seme Local Municipality. The response addresses various objections and letters of support regarding an application to change the land use of Portion 1 of the farm Yzermyn 96 HT from agricultural to mining and related purposes under the Spatial Planning and Land Use Management Act, 2013 (SPLUMA) and the 2016 Municipal By-law.
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Document type: Statement
APPLICANTS’ HEADS OF ARGUMENT
This document contains the applicants' heads of argument in a legal application to review and set aside decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to grant Atha-Africa Ventures (Pty) Ltd permission to conduct commercial coal mining in the Mabola Protected Environment (MPE) in Mpumalanga, South Africa.
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Document type: Report
Fair Game? Improving the well-being of South African wildlife
This 2018 report by the Centre for Environmental Rights evaluates the legal and practical regulation of wild animal welfare in South Africa. It argues that the current system is fragmented, outdated, and biased toward economic gain, leaving captive and exploited wild animals with minimal protection. The report highlights a critical jurisdictional divide between biodiversity conservation (Department of Environmental Affairs) and animal welfare (Department of Agriculture, Forestry and Fisheries), which results in inconsistent permitting, poor compliance monitoring, and inadequate enforcement.
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Document type: Report
OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPACIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016
This document is a formal objection submitted by the Centre for Environmental Rights on behalf of a coalition of eight civil society and community non-profit organisations. The objection opposes an application by Atha-Africa Ventures (Pty) Ltd to change the land use of Portion 1 of the Farm Yzermyn 96 in Mpumalanga from agricultural to mining purposes to facilitate the construction of the Yzermyn Underground Coal Mine. The objectors argue that the project would cause irreparable harm to a strategic water source area, threaten biodiversity in the Mabola Protected Environment, and negatively impact vulnerable local communities, while failing to comply with municipal spatial development frameworks and national interest requirements under the Spatial Planning and Land Use Management Act (SPLUMA).
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Document type: Statement
RELEVANT INFORMATION ON THE COAL INDEPENDENT POWER PRODUCERS (IPPS)
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs on May 22, 2018, opposing the approval of coal-fired Independent Power Producers (IPPs), specifically Thabametsi and Khanyisa. The CER argues that these projects are unnecessary, economically damaging, and environmentally catastrophic, citing high greenhouse gas emissions, water scarcity, and air pollution in priority areas.
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Document type: Statement
COMMENTS ON THE DRAFT SCOPING REPORT FOR THE PROPOSED MOKOLO AND CROCODILE RIVER (WEST) WATER AUGMENTATION PROJECT (PHASE 2)
The Centre for Environmental Rights (CER), acting for Earthlife Africa NPC and groundWork, submitted comments on 11 April 2018 regarding the draft Scoping Report for the Mokolo and Crocodile River (West) Water Augmentation Project (Phase 2) (MCWAP-2). The CER argues that the project is based on outdated assumptions regarding South Africa's energy needs and fails to adequately assess climate change, water reserves, and indirect environmental and health impacts.
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Document type: Statement
CULTIVATING SMALLHOLDER INCLUSION IN SOUTHERN AFRICA’S MACADAMIA NUT VALUE CHAINS
This research paper analyzes the potential for a regional macadamia nut value chain in Southern Africa, focusing on South Africa, Mozambique, and Malawi. While South Africa leads in production and technical capacity, regional integration is hindered by poor infrastructure in Malawi and Mozambique, a lack of trust between regional producers, and a heavy reliance on the Chinese market for nut-in-shell exports. The paper argues that for smallholder farmers to be included, governments must improve extension services, invest in processing infrastructure to move toward kernel exports, and establish a regional industry body to coordinate strategy and research.
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Document type: Research paper
URGENT REQUEST FOR ACCESS TO INFORMATION AND REASONS REGARDING THE WATER USE LICENCE FOR THE PROPOSED KHANYISA INDEPENDENT POWER PRODUCER (IPP) COAL-FIRED POWER STATION (LICENCE NO 06/B11F/CGIHE/6684)
The Centre for Environmental Rights (CER), acting on behalf of groundWork (gW), has issued an urgent request to the South African Department of Water and Sanitation for information and reasons regarding a water use licence (WUL) issued for the proposed 600 MW Khanyisa Independent Power Producer (IPP) coal-fired power station.
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Document type: Statement
URGENT STEPS NEEDED TO ADDRESS AIR POLLUTION IN THE HIGHVELD PRIORTY AREA
The Centre for Environmental Rights (CER), representing several environmental justice organizations, issued a formal letter to the Director-General of the Department of Environmental Affairs (DEA) on 26 February 2018. The letter demands urgent action to address air pollution in the Highveld Priority Area (HPA), specifically criticizing the DEA's handling of minimum emission standards (MES) compliance, its failure to respond to the 'Broken Promises' report, and the health impacts of emissions from Eskom and Sasol.
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Document type: Statement
DECISION IN RELATION TO THE PROPOSED THABAMETSI IPP COAL-FIRED POWER STATION ENVIRONMENTAL AUTHORISATION
The Centre for Environmental Rights (CER), representing Earthlife Africa and groundWork, notified the IPP Office of its intention to review and set aside the Minister of Environmental Affairs' January 30, 2018, decision to uphold the environmental authorisation for the Thabametsi coal-fired power station.
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S SECOND POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) FOR TUTUKA POWER STATION
The Centre for Environmental Rights (CER), on behalf of the Life After Coal campaign and the Highveld Environmental Justice Alliance Network (HEJN), submitted formal objections to Eskom's Background Information Document (BID) regarding a second postponement application for Minimum Emission Standards (MES) at the Tutuka Power Station. The submission argues that the application is legally impermissible because Tutuka is located in the Highveld Priority Area (HPA), where ambient air quality does not comply with National Ambient Air Quality Standards (NAAQS), a prerequisite for any postponement. The CER further contends that Eskom's request for a "rolling postponement" is equivalent to an illegal exemption and that the BID intentionally withholds critical information regarding pollutants, timeframes, and health impacts to mislead the public and decision-makers.
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Document type: Statement
LIFE AFTER COAL CAMPAIGN - ESKOM’S NON-COMPLIANCE WITH OBLIGATIONS TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT REMAINS A MATERIAL LIABILITY
A letter from the Life After Coal Campaign to the Chairman of Eskom's Board of Directors, arguing that Eskom's reliance on coal-fired power is economically unsustainable and creates severe liabilities regarding human health, water, and the environment.
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Document type: Statement
ATI Network Shadow Report 2018
The ATI Network Shadow Report 2018, compiled by the South African History Archive (SAHA) and other civil society members, evaluates the effectiveness of the Promotion of Access to Information Act 2 of 2000 (PAIA) in South Africa between 1 June 2017 and 31 July 2018. The report highlights systemic failures in public body compliance, including high rates of non-responsiveness and the misuse of legal provisions to delay information release, while also discussing the challenges of accessing data from private bodies and the impact of these barriers on rights to education and the environment.
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Document type: Report
SOUTH AFRICA GREEN ECONOMY BAROMETER 2018
The South Africa Green Economy Barometer 2018 evaluates the country's transition toward a fair, green economy, awarding it a score of 5 out of 10. While South Africa possesses strong policy foundations, such as the National Development Plan and the 2011 Green Economy Accord, the report finds that the economy remains locked into carbon-intensive 'brown' systems, particularly in energy and mining, and fails to adequately include marginalized populations and the informal sector in its transition.
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Document type: Report
Farm Torque: electric orchard tractors
This report by WWF South Africa explores the business case for introducing electric orchard tractors in South Africa's horticultural sector. It identifies a significant market opportunity to replace small diesel tractors with electric alternatives for low-energy applications, highlighting potential carbon emission savings, socio-economic benefits through local manufacturing, and the financial viability of a lower total cost of ownership despite higher initial capital costs.
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Document type: Report
South Africa’s prospects under Cyril Ramaphosa
This report analyzes the political and economic implications of Cyril Ramaphosa's narrow victory at the African National Congress (ANC) 54th national conference in December 2017. The author argues that while the result averted a major party split, South Africa remains in a "muddling along" scenario characterized by deep factional divisions and economic fragility. The document examines the prospects for the 2019 elections, the potential recall of Jacob Zuma, and the need for structural reforms to avoid credit rating downgrades and stimulate growth.
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Document type: Report
IWULA, IWUL and Specialist Studies Review of the proposed Yzermyn Colliery Mpumalanga
This report, prepared by GCS Water and Environment (Pty) Ltd for the Centre for Environmental Rights (CER), reviews the Integrated Water Use License Application (IWULA) and the subsequent Integrated Water Use License (IWUL) issued to Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine in Mpumalanga. The review identifies significant gaps in the specialist studies regarding hydrogeology, wetlands, and hydrology, concluding that the IWUL was granted without a sufficient understanding of the environmental impacts or the interconnection between water resources.
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Document type: Report
AFFIDAVIT
This document is an affidavit signed by Andrew Clifford Johnstone, Managing Director of GCS (Pty) Ltd, submitted to the High Court of South Africa. Johnstone confirms his professional qualifications in hydrogeology and environmental consulting and verifies that GCS produced both an original review (dated 18 November 2016) and a revised review (dated 1 December 2017) regarding the Yzermyn Colliery in Mpumalanga.
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Document type: Statement
MABOLA PROTECTED ENVIRONMENT REVIEW OF 2015 WETLAND ASSESSMENT
This document consists of maps and technical excerpts from a review of a 2015 wetland assessment for the Mabola Protected Environment, focusing on simulated groundwater drawdown in Karoo aquifers and catchment areas related to underground mining.
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Document type: Report
NOTICE OF PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 of 2000 (“THE ACT”) IN RESPECT OF THE TRANSFER OF PROVISIONAL ATMOSPHERIC EMISSION LICENCE (LICENCE NO. 17/4/AEL/MP312/14/20) FROM ANGLO OPERATIONS (PTY) (LTD) TO ACWA POWER KHANYISA THERMAL POWER STATION RF (PTY) LTD FOR THE PROPOSED INDEPENDENT POWER PRODUCER KHANYISA POWER STATION (PROJECT NO. 111415) NEAR EMALAHLENI, MPUMULANGA PROVINCE
The Centre for Environmental Rights, acting on behalf of groundWork, has filed a provisional appeal under Section 62 of the Local Government Municipal Systems Act 32 of 2000 regarding the transfer of a provisional atmospheric emission licence (PAEL) for the proposed Khanyisa coal-fired power station.
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Document type: Statement