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HEADS OF ARGUMENT ON BEHALF OF THE 1 ST , 2ND AND 5TH RESPONDENTS
This document contains the heads of argument submitted on behalf of the Minister of Environmental Affairs, the Minister of Mineral Resources, and the MEC for Agriculture, Rural Development, Land and Environmental Affairs of Mpumalanga Province. The respondents oppose a judicial review application brought by several environmental organisations seeking to set aside the written permission granted to Atha Africa (Pty) Ltd to conduct underground mining within the Mabola Protected Environment (MPE). The respondents argue that the decision-making process was procedurally fair, that they were entitled to rely on interrelated statutory authorisation processes to avoid duplication, and that the permission was granted subject to stringent environmental and social conditions.
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Document type: Briefing
std-bank-response-6aa686a250673ee9.pdf
A letter dated 25 September 2018 from the Chairman of The Standard Bank of South Africa Limited (SBSA) to the Centre for Environmental Rights (CER) and the Life after Coal Campaign. The bank responds to concerns raised in a previous letter, asserting its right to delegate engagement to executives rather than the Board of Directors and citing its adherence to the King IV Code on Corporate Governance and the Companies Regulations of 2011 via its social and ethics committee.
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Document type: Statement
STOP TREADING WATER: WHAT CIVIL SOCIETY CAN DO TO GET WATER GOVERNANCE IN SOUTH AFRICA BACK ON TRACK
This report by the Centre for Environmental Rights (CER) identifies systemic failures in South Africa's water governance and provides a strategic framework for civil society to intervene. It highlights critical gaps in the implementation of the National Water Act (NWA), the failure to roll out catchment management institutions, and severe capacity constraints within the Department of Water Affairs (DWA). The document recommends a combination of legal advocacy, institutional reform, and the introduction of administrative penalties to improve compliance and ensure the progressive realisation of constitutional rights to water.
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Document type: Report
Climate impacts in Southern Africa during the 21st Century
This executive summary, authored by Professor Bob Scholes and Professor Francois Engelbrecht, details the climate vulnerabilities and projected impacts for Southern Africa during the 21st century. It emphasizes that the region is warming at twice the global average rate and warns that agricultural production, freshwater availability, and human health are at significant risk, particularly under low-mitigation scenarios.
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Document type: Executive summary
supporting-affidavit-2-merle-sowman-8a4a8a06f57f4be6.pdf
This supporting expert affidavit, submitted by Associate Professor Merle Sowman, argues that the Environmental Impact Assessment (EIA) for the proposed extension of the Tormin Mine by Mineral Sands Resources (Pty) Ltd (MSR) failed to adequately assess cumulative environmental and socio-economic impacts. Sowman contends that assessing applications on an ad hoc basis ignores the broader scale of MSR's regional mining plans and calls for a Strategic Environmental Assessment (SEA) to prevent irreversible damage to critical biodiversity areas and sensitive coastal ecosystems.
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Document type: Statement
tendele_heads-of-argument_application-for-leave-to-appeal-9e8a521160fcb459.pdf
This document contains the heads of argument for an application for leave to appeal a High Court decision regarding the legality of mining operations conducted by Tendele Coal Mining (Pty) Limited. The applicants argue that the mining company failed to obtain necessary environmental authorizations under the National Environmental Management Act (NEMA), violated town planning legislation for new mining areas, operated without a required waste management license, and unlawfully relocated traditional graves.
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Document type: Briefing
APPEALS LODGED AGAINST THE DECISION OF THE DEPARTMENT OF MINERAL RESOURCES AND ENERGY TO GRANT AN INTEGRATED ENVIRONMENTAL AUTHORISATION FOR THE PROPOSED TETRA 4 CLUSTER 2 VIRGINIA GAS PRODUCTION PROJECT ACTIVITIES, IN FREE STATE PROVINCE
This document is an appeal decision by the Minister of Forestry, Fisheries and the Environment of South Africa regarding an Integrated Environmental Authorisation (IEA) granted by the Department of Mineral Resources and Energy (DMRE) to Tetra 4 (Pty) Ltd. The IEA concerned the Tetra 4 Cluster 2 Virginia Gas Production Project in the Free State Province. Following appeals by Natural Justice and the Centre for Environmental Rights (on behalf of MEJCON-SA and MACUA), the Minister dismissed several grounds of appeal but remitted the application back to the DMRE for reconsideration due to deficiencies in the climate change and geohydrology assessments.
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Document type: Report
KM_C554e-20160308100741
The Minister of Environmental Affairs of South Africa dismissed an appeal by Earthlife Africa Johannesburg (represented by the Centre for Environmental Rights) against the Environmental Authorisation (EA) granted to Newshelf 1282 (Pty) Ltd for the Thabametsi Power Station. While the Minister upheld the project's approval, the decision included specific amendments to the EA's conditions regarding runoff water and surface water monitoring.
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Document type: Statement
KM_C654e-20160826132125
A letter from the South African Department of Environmental Affairs approving an amendment to the Environmental Authorisation (EA) for the 1200MW Thabametsi coal-fired power station, specifically updating the designated holder of the authorisation.
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Document type: Statement
thabametsi-nersa-objections-27-c562776ef1b90122.pdf
This document is a supplementary affidavit submitted by Earthlife Africa NPC to the National Energy Regulator of South Africa (NERSA). It presents formal objections to the license application of Thabametsi Power Company (Pty) Limited for a proposed 1200MW coal-fired power plant in Lephalale, Limpopo. Earthlife argues that the project is unnecessary, financially inefficient, and poses severe risks to water security, air quality, and climate goals.
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Document type: Statement
third-applicant-amicus-curiae-supporting-confirmatory-affidavit-66e32f2b8c73fecc.pdf
This document is a supporting affidavit submitted by Umunyana Rugege, Executive Director of SECTION27, to the High Court of South Africa (Gauteng Division). SECTION27 seeks admission as the third amicus curiae in a legal matter involving the Endangered Wildlife Trust, the Department of Water and Sanitation, and Atha-Africa Ventures. The affidavit argues that the second respondent's attempts to discredit the appellants' attorneys (CER) are similar to past government attempts to disparage public interest NGOs, and it highlights SECTION27's history of successful litigation to demonstrate the positive impact of such organisations on South African constitutional jurisprudence.
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Document type: Statement
THIRD RESPONDENT’S HEADS OF ARGUMENT
The Third Respondent, Atha-Africa Ventures (Pty) Ltd, submitted heads of argument to the High Court of South Africa (Mpumalanga Division) opposing a judicial review application by several environmental NGOs. The Applicants seek to set aside a decision to rezone Portion 1 of the Farm Yzermyn 96 HT from agricultural to mining use. The Third Respondent argues that the application is a strategic attempt by the 'Green Lobby' to delay the Yzermyn coal mine and that the environmental concerns raised have already been adjudicated and dismissed by the Water Tribunal and the Pretoria High Court.
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Document type: Briefing
tutuka-additional-information-8690ef038032bd9d.pdf
This briefing, sent by Eskom to the South African Department of Environmental Affairs on 17 July 2014, provides additional information regarding an application to postpone compliance with Minimum Emission Standards (MES) for the Tutuka Power Station. It outlines planned retrofits for particulate matter and nitrogen oxides, discusses ambient air quality monitoring data from the Grootdraai and Majuba stations, and addresses data gaps regarding PM2.5 health and environmental impacts.
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Document type: Briefing
KM_C554e-20150213193118
The South African Department of Environmental Affairs granted Tutuka Power Station phased postponements for compliance with minimum emission standards for particulate matter, sulphur dioxide, and nitrogen oxides, while requiring an offset programme to reduce PM pollution by March 2016.
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Document type: Statement
TWELFTH RESPONDENTS’ PRACTICE NOTE
This practice note, submitted by the Voice Community Representative Council (the Twelfth Respondent) in a High Court case in South Africa, requests that the court consider the economic impact on the local community when deciding on an urgent interim interdict to prevent a mine from opening.
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Document type: Briefing
uct-amicus-affidavit-royston-pillay-0ef6c34796140baf.pdf
The University of Cape Town (UCT) filed an affidavit seeking admission as an amicus curiae in a defamation case to argue that academic freedom, protected by the South African Constitution, should provide legal safeguards for speech in academic settings. UCT proposes that academic speech be protected by 'qualified privilege' or a 'reasonableness' standard, arguing that the pursuit of knowledge requires the freedom to discuss real-world examples and contest ideas without the threat of defamation claims. The case relates to a 2017 Environmental Humanities course that discussed controversial mining and development projects in South Africa.
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Document type: Statement
UNLOCK THE DOORS: HOW GREATER TRANSPARENCY BY PUBLIC AND PRIVATE BODIES CAN IMPROVE THE REALISATION OF ENVIRONMENTAL RIGHTS
This report by the Centre for Environmental Rights (CER) analyzes the accessibility of environmental information in South Africa through an assessment of 98 PAIA requests and 42 formal requests made to 17 public and 35 private bodies between July 2010 and early 2012. The findings reveal a widespread culture of avoidance, delay, and non-compliance with the Promotion of Access to Information Act, 2000 (PAIA), which the CER argues fundamentally hampers the realization of constitutional environmental rights.
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Document type: Report
Summary of estimated annual externality costs relating to water resources for Kusile Externalities in coal mining and coal-power generation
This fact sheet by the Centre for Environmental Rights details the estimated annual water-related externality costs for the Kusile coal-fired power station and argues that the Draft Integrated Resource Plan for Electricity (2016) misrepresents the total costs of coal by failing to account for these externalities.
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Document type: Fact sheet
WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS
This guide, published by the Centre for Environmental Rights, provides instructions for individuals and communities in South Africa on how to identify environmental crimes committed by mining companies and the process for reporting these offences to the South African Police Service (SAPS) for criminal prosecution.
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Document type: Guide
zo-1-594dbe4b87f071ba.pdf
The Centre for Environmental Rights (CER) submitted a formal request to the South African Minister of Mineral Resources and Energy to suspend a decision granting Mineral Sands Resources (Pty) Ltd (MSR) an amendment to expand the Tormin Mine on the West Coast. The CER argues that the expansion occurs in Critical Biodiversity Areas and was approved without public participation or adequate assessment of cumulative environmental impacts.
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Document type: Statement