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Land and the Just Transition: A guide for local government
This guide, produced by PARI, IIED, and SALGA, provides a framework for South African local governments to integrate land governance into the just transition. It argues that land is a strategic public resource essential for climate resilience and social justice, rather than merely a financial asset. The document outlines how municipalities can use spatial planning, inclusive governance, and tenure protection to balance the land-intensive needs of renewable energy and climate adaptation with the need to redress historical spatial inequalities from the apartheid era.
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Document type: Guide
‘Unjust’ Transition for Youth in South Africa
This policy brief examines the 'unjust' nature of the energy transition for youth in South Africa's Steve Tshwete Local Municipality (STLM). It argues that while the transition from fossil fuels to renewable energy is necessary, young people are being marginalised through exclusionary land allocation policies, a lack of sustainable employment following the closure of coal-fired power stations, and the limited scope of renewable energy projects that fail to provide meaningful skills or long-term job security.
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Document type: Policy brief
APPEAL DECISION
The Water Tribunal of South Africa dismissed an appeal by Thungela Operations (Pty) Ltd against the Department of Water and Sanitation's decision to refuse a Water Use Licence (WUL) for the Palmietkuilen Mining Operation. The Tribunal found that the applicant failed to provide sufficient geohydrological and geochemical data to ensure effective long-term mitigation of water pollution, particularly regarding post-closure acid mine drainage (AMD) and the permanent loss of wetlands.
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Document type: Report
UPDATED EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOM’S KENDAL POWER STATION
The Centre for Environmental Rights submitted a letter to the South African Minister of Environment, Forestry and Fisheries reporting that Eskom's Kendal power station had 2,851 particulate matter emission exceedances between April 2016 and March 2020. The letter alleges that Eskom may be improperly reporting these contraventions as 'Grace' or 'Section 30' exceedances to avoid penalties and highlights that emissions from 13 of Eskom's coal-fired plants were linked to 320 premature deaths in 2018.
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME AND THE PROPOSED THABAMETSI & KHANYISA COAL-FIRED POWER STATION
A letter from the Centre for Environmental Rights to the IPP Office of the Department of Energy requesting updates on the commercial and financial close deadlines for the Thabametsi and Khanyisa coal-fired power station projects, while asserting that neither project is currently capable of reaching such close due to outstanding licenses and pending litigation.
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Document type: Statement
Mpumalanga Spatial Development Framework
The Mpumalanga Spatial Development Framework (PSDF) is a strategic report designed to guide the province's spatial transformation, aiming to reverse apartheid-era spatial imbalances and promote sustainable, inclusive economic growth. It proposes a polycentric growth management model based on a hierarchy of growth centres and corridors to integrate urban and rural areas.
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Document type: Report
REGULATIONS FOR IMPLEMENTING AND ENFORCING THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN (2012)
This document consists of a series of letters and a report summary from the Centre for Environmental Rights (CER) addressed to the South African Department of Environmental Affairs (DEA). The CER, representing various environmental groups, argues that the Highveld Priority Area (HPA) has failed to improve air quality since its 2007 declaration. The CER demands the urgent implementation of regulations to enforce the 2012 Air Quality Management Plan (AQMP), the elimination of 'rolling postponements' for emission standards granted to major polluters like Eskom and Sasol, and a formal response to the 'Broken Promises' report regarding the ongoing violation of constitutional rights to a healthy environment.
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
The Centre for Environmental Rights (CER), representing Earthlife Africa and groundWork, issued a statement to the IPP Office of the Department of Energy on 16 November 2018. The letter seeks clarity on the status of the Thabametsi and Khanyisa coal-fired power stations, the preferred bidders under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP), specifically regarding their commercial and financial close deadlines and the signing of power purchase agreements (PPAs).
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Document type: Statement
ACWA’S HEADS OF ARGUMENT
This document contains the heads of argument submitted by ACWA Power to the Appeal Authority of the Nkangala District Municipality. ACWA argues that an appeal brought by the non-profit organization GroundWork against the transfer of a Provisional Atmospheric Emission Licence (PAEL) should be dismissed because GroundWork, as a third party, lacks the legal standing to appeal under section 62 of the Local Government Municipal Systems Act 32 of 2000.
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Document type: Briefing
Spatial Challenges and Opportunities Report
The Spatial Challenges and Opportunities Report (2018) provides a comprehensive biophysical, socio-economic, and built environment analysis of Mpumalanga Province to inform its Provincial Spatial Development Framework (PSDF). The report identifies a resource-based economy heavily dependent on coal mining and electricity generation, while highlighting significant spatial fragmentation, infrastructure backlogs, and environmental threats to biodiversity and water sources.
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Document type: Report
OUTCOMES OF THE MEETING WITH NGOs ON THE IMPLEMENTATION OF THE HIGHVELD PRIORITY AREA HELD ON 12 DECEMBER 2017
The Centre for Environmental Rights (CER), acting for several NGOs, sent a letter to the Department of Environmental Affairs (DEA) on 19 January 2018. The letter outlines the outcomes and commitments from a meeting held on 12 December 2017 regarding the implementation of the Highveld Priority Area (HPA), specifically addressing the DEA's delayed response to the 'Broken Promises Report' and the roles of NGOs in community representation.
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Document type: Statement
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
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
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
PRELIMINARY COMMENTS ON THE DRAFT MID-TERM REVIEW OF THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN
The Centre for Environmental Rights (CER), representing groundWork and the Highveld Environmental Justice Network (HEJN), submitted preliminary comments on the Department of Environmental Affairs' (DEA) draft mid-term review (MTR) of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The CER argues that the draft review is outdated, lacks a systematic methodology, and fails to provide sufficient evidence to support its conclusions, ultimately concluding that the HPA's goal of achieving compliance with national ambient air quality standards (NAAQS) has not been met.
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Document type: Statement
HPA REVIEW QUESTIONNAIRE TO DETERMINE WHETHER AIR QUALITY IN THE NKANGALA DISTRICT MUNICIPALITY HAS IMPROVED SINCE 2007
The Centre for Environmental Rights (CER) issued a questionnaire to the eMalahleni Local Municipality (ELM) on 15 June 2016 to conduct a "mini shadow review" of air quality improvements in the Highveld Priority Area (HPA) since 2007. The briefing seeks to determine if the municipality has the capacity, financial resources, and personnel to implement the HPA Air Quality Management Plan (AQMP) and to assess whether emissions and ambient air quality have actually improved in the Middelburg and eMalahleni areas.
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Document type: Briefing
HPA REVIEW QUESTIONNAIRE TO DETERMINE WHETHER AIR QUALITY IN THE NKANGALA DISTRICT MUNICIPALITY HAS IMPROVED SINCE 2007
The Centre for Environmental Rights (CER) issued a questionnaire to the Nkangala District Municipality (NDM) on 15 June 2016 to conduct a "mini shadow review" of air quality improvements in the Highveld Priority Area (HPA) since 2007. The briefing seeks to determine if the NDM has the capacity, financial resources, and personnel to implement the HPA Air Quality Management Plan (AQMP) and to assess whether industrial emissions and dust have been reduced.
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Document type: Briefing
APPEAL IN TERMS OF SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S HENDRINA POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP312/11/16 ISSUED ON 31 MARCH 2015
This document is a formal appeal submitted by the Centre for Environmental Rights (CER) on behalf of groundWork, Earthlife Africa Johannesburg, and the Highveld Environmental Justice Network. The appeal challenges the variation of the Atmospheric Emission Licence (AEL) for Eskom's Hendrina Power Station, issued by the Nkangala District Municipality on 31 March 2015. The appellants argue that the AEL improperly incorporates postponements of Minimum Emission Standards (MES) granted by the National Air Quality Officer, thereby permitting pollution levels that exceed national standards in a declared priority area with already compromised air quality.
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Document type: Report
APPEAL IN TERMS OF SECTION 62 OF OF THE LOCAL GOVERNMENT: MUNICIPAL SYSTEMS ACT, 2000 OF ESKOM’S KOMATI POWER STATION ATMOSPHERIC EMISSION LICENCE 17/4/AEL/MP313/12/12 ORIGINALLY ISSUED ON 31 MARCH 2015
The Centre for Environmental Rights, representing environmental justice organisations, appealed the Atmospheric Emission Licence (AEL) for Eskom's Komati Power Station. The appeal argues that the AEL illegally allows Eskom to exceed national Minimum Emission Standards (MES) for NOx and SO2, ignoring the critical air quality failure in the Highveld Priority Area and the resulting health impacts on the population.
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Document type: Statement
PRELIMINARY SUBMISSIONS ON THE DRAFT NKANGALA DISTRICT MUNICIPALITY AIR QUALITY MANAGEMENT PLAN AND DRAFT AIR QUALITY MANAGEMENT BY-LAWS
The Centre for Environmental Rights (CER), representing the Highveld Environmental Justice Network (HEJN), groundWork (gW), and Earthlife Africa (ELA), submitted preliminary comments on the draft Air Quality Management Plan (AQMP) and draft Air Quality Management By-laws for the Nkangala District Municipality (NDM). The CER argues that the NDM has delayed its legal obligations under the National Environmental Management: Air Quality Act, 2004, and has failed to provide stakeholders with adequate time or technical support to meaningfully participate in the drafting process.
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Document type: Statement