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PROVISIONAL APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT 32 OF 2000
This document is a provisional appeal filed on 13 November 2017 by groundWork, represented by the Centre for Environmental Rights, against the transfer of a provisional atmospheric emission licence (PAEL) for the Khanyisa coal-fired power station. The appellant argues that the transfer from Anglo Operations (Pty) Ltd to ACWA Power Khanyisa Thermal Power Station RF (Pty) Ltd is invalid because the licence does not reflect the project's increased capacity of 600MW, fails to account for cumulative air quality impacts in the Highveld Priority Area, and was processed without required public participation or valid delegation of authority.
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Document type: Statement
Microsoft Word - Request for Investigation from ActionAid South Africa re Women in Mpumalanga Region
A request for investigation submitted by ActionAid South Africa to the UN Special Rapporteur on Human Rights and the Environment, detailing how expansive coal mining and exploration in the Mpumalanga region of South Africa disproportionately violate the human rights of women and girls.
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Document type: Statement
BROKEN PROMISES
This October 2017 report by the Centre for Environmental Rights, groundWork, and the Highveld Environmental Justice Network evaluates the failure of the Highveld Priority Area (HPA) to improve air quality in South Africa. Despite the 2007 declaration of the HPA and the 2012 Air Quality Management Plan (AQMP), the report concludes that air quality remains poor and non-compliant with health-based standards, largely due to industrial emissions, inadequate monitoring, and a lack of government capacity and enforcement.
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Document type: Report
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME AND THE PROPOSED KIPOWER COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), representing Earthlife Africa Johannesburg and groundWork, submitted a letter to the IPP Office of the Department of Energy on 15 September 2017. The letter provides updates on legal and environmental challenges facing three proposed coal-fired power stations: Thabametsi, Khanyisa, and KiPower. The CER argues that these projects fail to meet the legal qualification criteria for financial close or preferred bidder status due to missing climate change impact assessments (CCIA) and pending disputes over environmental and water licenses.
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Document type: Statement
INDEPENDENT REVIEW OF DECISIONS BY THE DEPARTMENT OF WATER AND SANITATION TO ISSUE A WATER USE LICENSE TO KIPOWER (PTY) LTD, MPUMALANGA PROVINCE
An independent review finds that the Water Use License issued to KiPower (Pty) Ltd by the South African Department of Water and Sanitation is legally and technically flawed. The review concludes that the DWS failed to correctly identify and authorise necessary water uses, provided incorrect property and location data, and included compliance specifications that are largely invalid or unmeasurable. Furthermore, the DWS is accused of ignoring critical resource quality objectives for the Wilge River and attempting to shift historic mining remediation liabilities to KiPower, rendering the decision to issue the license unreasonable and an error in law.
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Document type: Report
APPELLANTS’ SUBMISSIONS IN THE APPEAL ON 15 TO 17 AUGUST 2017
This document contains the legal and technical submissions made by a coalition of eight appellants (including Earthlife Africa Johannesburg and BirdLife South Africa) on August 14, 2017, appealing an environmental authorisation (EA) granted to Atha-Africa Ventures (Pty) Ltd for the Yzermyn underground coal mine in Mpumalanga, South Africa.
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Document type: Report
RECORD OF RECOMMENDATION: INTEGRATED WATER USE LICENCE FOR KIPOWER IPP COAL-FIRED POWER STATION
The Centre for Environmental Rights (CER), acting on behalf of groundWork, is requesting clarification from the Department of Water and Sanitation regarding the "minimum requirements" used to recommend the issuance of an integrated water use licence (IWUL) for the proposed 600MW KiPower coal-fired power station near Delmas, Mpumalanga.
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Document type: Statement
The proposed KiPower IPP
This case study details legal challenges brought by groundWork and the Centre for Environmental Rights (CER) against the environmental and water authorizations granted for the proposed KiPower coal-fired power station in South Africa.
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Document type: Case study
Opportunities for value addition to selected Western Cape organic waste streams
This report by GreenCape identifies business opportunities for adding value to lignocellulosic biomass waste streams in the Western Cape, South Africa. It analyzes five primary streams: invasive alien vegetation (IAV), industrial composite wood materials, pallets, paper sludge, and green waste, evaluating their current utilization, logistical challenges, and potential for transformation into higher-value products or energy.
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Document type: Report
APPEAL TO THE MINISTER OF ENVIRONMENTAL AFFAIRS
This document is a legal submission by groundWork, represented by the Centre for Environmental Rights, appealing to the Minister of Environmental Affairs to extend the deadline for filing an appeal against the environmental authorisation of the ACWA Power Khanyisa Thermal Power Station. The appellant argues that the authorisation is unlawful because it lacked a comprehensive climate change impact assessment, a requirement recently affirmed by the High Court in the Thabametsi judgment.
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Document type: Statement
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) submitted comments to the National Council of Provinces regarding the Mineral and Petroleum Resources Development Amendment Bill [B 15D-2013]. The CER argues that the legislative process has been procedurally irregular, potentially leading to a constitutional challenge, and expresses concern that new amendments dilute community participation and environmental protections.
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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
This briefing by the Center for International Environmental Law examines the disproportionate negative impacts of large-scale development projects—such as dams and mines—on women's human rights to water, food, and a healthy environment. It highlights the gap between international legal instruments and their practical implementation, particularly in countries with weak governance, and provides recommendations for governments, companies, and civil society to protect women's land rights and ensure their participation in decision-making.
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Document type: Briefing
Renewable Energy: Facts and Futures
This report by WWF South Africa examines the potential and progress of renewable energy (RE) in South Africa, focusing on the Renewable Energy Independent Power Producer Procurement Programme (REI4P) and the challenges posed by the state utility Eskom's dominance and the country's historical dependence on coal.
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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
This case study by the Center for International Environmental Law examines how coal mining in South Africa's Mpumalanga province threatens access to clean water and food, disproportionately impacting women. It highlights the gap between protective legal frameworks and the reality of corporate impunity and government failure to enforce environmental laws.
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Document type: Case study