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Land and the Just Transition: A guide for local government
The document argues that land is a strategic public resource central to South Africa's just transition, rather than merely a financial asset. It 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. The guide identifies significant municipal constraints, including dire finances, lack of consolidated land information, and complex overlaps with traditional authorities, while offering a roadmap for advancing distributive, restorative, and procedural justice through land administration.
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Document type: Guide
Ethnographic Research as a Tool for More Inclusive Just Transition Policies
The report argues that traditional top-down consultations for South Africa's just energy transition (JET) often exclude marginalized groups and fail to address local realities. By applying ethnographic research and a co-production pilot in Mpumalanga, the study identifies critical gaps in information, trust, and service delivery following the closure of the Komati Power Station. It recommends institutionalizing co-production and ethnographic methods to ensure that women, youth, and informal workers are meaningfully included in policy design.
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Document type: Report
‘Unjust’ Transition for Youth in South Africa
The document argues that the transition from fossil fuels to renewable energy in South Africa's Steve Tshwete Local Municipality (STLM) is 'unjust' for youth due to their exclusion from meaningful employment and productive assets. It highlights how the closure of the Komati Power Station has devastated local livelihoods and how current municipal land disposal conditions effectively bar unemployed youth from ownership. Furthermore, it notes that renewable energy projects, such as solar installations in Doornkop, provide only short-term, low-skill work that fails to create sustainable career paths for young people.
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Document type: Policy brief
COAL'S HEALTH IMPACTS IN PHOLA
The report details a community health screening in Phola, Mpumalanga Highveld, finding severe environmental degradation and widespread health issues linked to coal mining. Key findings include high rates of respiratory symptoms, chronic conditions, and a strong community perception that the environment is hazardous. The study also highlights socio-economic vulnerabilities, including high unemployment and reliance on social grants, and recommends strategies for government, healthcare providers, and the community to mitigate these impacts.
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Document type: Report
THE ROLE OF THE STATE IN A SUCCESSFUL JUST TRANSITION
The research paper defines a 'transition effective state' as one capable of identifying and solving community-priority problems through co-production—a collaborative process where affected citizens are active partners in policy design. Evaluating South Africa's Just Energy Transition (JET), the authors find that current state capabilities are low because the government relies on 'tick-box' public participation and 'isomorphic mimicry' of international best practices rather than locally-driven solutions. Fieldwork in Mpumalanga reveals critical policy gaps, including the invisibility of the informal coal value-chain, the loss of community services provided by Eskom and mines, and water scarcity. The paper concludes that rigid budgeting and entrenched administrative habits hinder progress, recommending the development of detailed co-production guidelines and pilot projects focusing on water and community asset management.
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Document type: Research paper
LE RÔLE DE L’ÉTAT DANS LA RÉUSSITE D’UNE TRANSITION JUSTE
The research paper assesses the capacity of the South African state to implement a just energy transition (JET), concluding that current state capacity is low due to a reliance on top-down, 'tick-box' public participation rather than genuine co-production. It defines a 'transition effective state' as one capable of identifying and solving community-priority problems through collaborative, context-specific processes. Fieldwork in Mpumalanga reveals that critical issues—such as the informal economy's dependence on coal, water rights, and the loss of corporate social investment services—remain invisible in national policies. The author recommends developing detailed guidelines for co-production and applying them to specific gaps in the JET framework to build legitimacy and ensure social equity.
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Document type: Research paper
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
REGULATIONS FOR IMPLEMENTING AND ENFORCING THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN (2012)
The Centre for Environmental Rights (CER) argues that the Highveld Priority Area (HPA) has failed to improve air quality since its 2007 declaration, leaving residents in breach of their constitutional right to a healthy environment. The CER highlights that the 2012 Air Quality Management Plan (AQMP) remains a mere guideline due to a lack of implementing regulations and the granting of 'rolling postponements' for minimum emission standards to major polluters like Eskom and Sasol. The CER demands the publication of enforcement regulations, a final Mid-Term Review of the AQMP, and a cessation of emission standard postponements to meet the 2020 goal of reducing industrial emissions.
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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 report analyzes Mpumalanga's spatial status, identifying a resource-rich province dominated by coal mining and agriculture but facing severe environmental degradation and infrastructure backlogs. Key findings highlight that while the province is a national energy hub, it suffers from poor air quality in the Highveld, critical water scarcity, and significant housing shortages. The analysis emphasizes the need for urban restructuring, agrarian transformation in rural areas, and the protection of strategic water source areas and biodiversity corridors against mining encroachment.
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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
The report concludes that the Highveld Priority Area (HPA) has failed to improve air quality over the decade since its 2007 declaration. Despite the 2012 air quality management plan, ambient air quality remains out of compliance with health-based standards, largely due to industrial non-compliance and government failure in monitoring and enforcement. The authors highlight a deterioration in the monitoring network, inadequate dust control for mining, and a lack of resources and skilled staff within local municipalities. The report specifically criticizes the National Air Quality Officer for granting compliance postponements to major polluters Eskom and Sasol, arguing that this has hindered pollution reduction and violated the constitutional rights of residents.
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Document type: Report
A report by the Centre for Environmental Rights in collaboration with groundWork and the Highveld Environmental Justice Network
The report concludes that the Highveld Priority Area (HPA) has failed to improve air quality over a decade, with ambient air remaining in widespread non-compliance with health-based national ambient air quality standards (NAAQS). This failure is attributed to inadequate government capacity, a lack of financial and human resources at the municipal level, and the failure of major industrial emitters, specifically Eskom and Sasol, to reduce emissions. The report highlights a deteriorating monitoring network, ineffective dust control regulations, and a lack of progress in addressing indoor air pollution in low-income settlements. It argues that the granting of postponements from minimum emission standards (MES) to major polluters has further hindered progress, violating the constitutional rights of residents to an environment not harmful to their health.
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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) argues that the draft mid-term review (MTR) of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP) is methodologically flawed, outdated, and fails to demonstrate progress toward its goals. The CER highlights widespread non-compliance with national ambient air quality standards (NAAQS), a deteriorating monitoring network, and significant data gaps in industrial emissions reporting. It specifically criticizes the lack of functional monitoring stations and the failure of key industrial facilities to reduce emissions, concluding that the overall objective of achieving NAAQS compliance in the HPA is not being 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) has issued a questionnaire to the eMalahleni Local Municipality (ELM) as part of a "mini shadow review" to evaluate the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The review seeks to identify resource gaps in the municipality and determine if air quality in the Middelburg and eMalahleni areas of the Nkangala District Municipality (NDM) has improved since the HPA was declared in 2007. The CER notes that despite statutory mechanisms, "air quality remains poor on the Highveld" as of 2016. The questionnaire focuses on several key areas: the clarity of regulatory responsibilities across government spheres; the adequacy of financial resources and budgets allocated to ELM for air quality functions since 2007/8; the qualifications and training of staff, including designated air quality officers and Environmental Management Inspectors; measures taken to reduce dust and emissions from domestic coal burning in low-income settlements; and whether industrial facilities have reduced emissions of pollutants and greenhouse gases. Additionally, the document highlights a data gap in assessing air quality improvements, noting that DEA/South African Weather Service data from 2009 to 2015 shows that "the number of exceedances of ambient air quality standards have increased slightly" and that some monitoring instruments have malfunctioned over extended periods.
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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) is conducting a "mini shadow review" to evaluate the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP) within the Nkangala District Municipality (NDM). The CER seeks to identify resource gaps and determine if air quality in areas such as eMalahleni and Middelburg has improved since the HPA was declared in 2007. The questionnaire focuses on regulatory clarity, financial and human resource capacity, dust reduction measures, emissions from domestic coal burning, and industrial pollutant and greenhouse gas reductions. The CER notes that data from the DEA/South African Weather Service between 2009 and 2015 suggests that "exceedances of ambient air quality standards have increased slightly" and that equipment malfunctions have created data gaps.
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Document type: Statement
THE MEDIUM-TERM REVIEW OF THE 2011 HIGHVELD PRIORITY AREA (HPA): AIR QUALITY MANAGEMENT PLAN DRAFT REVIEW REPORT
The review finds that ambient air quality in the Highveld Priority Area (HPA) has not shown significant improvement since 2012, with frequent exceedances of National Ambient Air Quality Standards (NAAQS). Industrial sources remain the dominant contributors of SO2 and NOx, while mining is the primary source of PM10. An audit of the AQMP implementation reveals that less than 50% of interventions have been fully achieved, with significant deficiencies in vehicle emissions, waste management, and low-income settlement interventions. While government organizational capacity and awareness have improved, the report recommends a revised plan with SMART goals and strengthened cooperative governance across national departments.
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Document type: Report
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