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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
EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOMS KENDAL POWER STATION
The Centre for Environmental Rights submitted two expert reports to the South African government detailing severe particulate matter (PM) limit exceedances and associated health impacts at Eskom's Kendal power station. Dr. Ron Sahu's analysis found 2,712 PM exceedances between April 2016 and March 2020, noting that electrostatic precipitators are failing. Dr. Andrew Gray's report estimates that emissions caused between 61 and 144 premature deaths annually between 2018 and 2019 and severely exceeded WHO air quality guidelines for SO2, PM2.5, and NOx in the Highveld Priority Area, particularly affecting sensitive receptors like primary schools.
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Document type: Statement
Distressed Mining Community of Ogies v Glencore Operations South Africa (Pty) Ltd and Others (8 July 2019)
This case study details a 2019 South Gauteng High Court judgment in which an application by the Distressed Mining Community of Ogies to stop Glencore Operations South Africa (Pty) Ltd from creating a nuisance through coal mine blasting was dismissed.
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Document type: Case study
COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2013 [B15-2013]
The Centre for Environmental Rights (CER) submitted comments to the Portfolio Committee on Mineral Resources regarding the Mineral and Petroleum Resources Development Amendment Bill, 2013. The CER criticizes the Department of Mineral Resources (DMR) for failing to meaningfully consult civil society and mining-affected communities, identifies numerous drafting errors in the Bill, and provides detailed legal objections to proposed changes concerning environmental authorizations, penalty regimes, and the granting of mining rights.
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Document type: Statement
COMMENTS ON THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT AMENDMENT BILL, 2012
The Centre for Environmental Rights (CER) submitted comments on the Mineral and Petroleum Resources Development Amendment Bill, 2012, arguing that while the application of the National Environmental Management Act (NEMA) to mining is welcome, the Bill fails to ensure adequate community consultation and transparency. The CER criticizes the proposed administrative penalty system for lacking an independent tribunal and warns that the Department of Mineral Resources (DMR) lacks the capacity to act as the competent environmental authority. The document further advocates for the reinstatement of joint and several liability for company directors and the removal of state immunity from criminal liability.
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Document type: Statement
khanyisa-ael-reduced-size-4883bbbc238ddcf0.pdf
This document is a Provisional Atmospheric Emission Licence (AEL) and the accompanying decision letter issued by the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs to Anglo Operations (Pty) Ltd for the Khanyisa Power Plant. The licence authorizes the operation of solid fuel combustion installations for electricity generation, subject to specific emission limits, monitoring requirements, and environmental mitigation measures.
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Document type: Statement
BLOOD, SWEAT, AND TEARS: COMMUNITY REDRESS STRATEGIES AND THEIR EFFECTIVENESS IN MITIGATING THE IMPACTS OF EXTRACTIVES AND RELATED INFRASTRUCTURE PROJECTS IN SOUTH AFRICA: 2008–2018
The report assesses how communities in South Africa have used litigation, protest, and media coverage to combat the impacts of coal and platinum mining. It identifies significant failures in the regulatory governance of the Department of Mineral Resources (DMR) and Department of Water and Sanitation (DWS), noting a 'compliance and enforcement deficit' caused by legislative loopholes and conflicts of interest. While litigation is the most frequent strategy, the report argues that a multi-pronged approach combining legal action with community mobilisation is most effective. It highlights severe impacts including water pollution, displacement, and health crises like silicosis and black lung disease.
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Document type: Report