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Masuku & Others v Minister of Mineral Resources & Others
The Gauteng High Court dismissed an application to review the granting and transfer of mining rights to Aquila Steel and Motjoli Iron Ore, ruling that the initial award under the previous regulatory regime was lawful and that the court lacked the technical expertise to override executive decisions on environmental impacts.
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Document type: Legal commentary
OBJECTIONS TO THE WATER USE LICENCE APPLICATION FOR THE PROPOSED MOKOLO CROCODILE RIVER (WEST) WATER AUGMENTATION PROJECT PHASE2A (MCWAP-2A)
The Centre for Environmental Rights (CER), on behalf of Earthlife Africa and groundWork, submitted formal objections on 14 June 2022 to the Integrated Water Use Licence Application (IWULA) for Phase 2A of the Mokolo Crocodile River (West) Water Augmentation Project (MCWAP-2A). The CER argues that the project is an unnecessary inter-basin transfer designed to support coal expansion, which contradicts South Africa's climate commitments and poses severe risks to aquatic ecosystems and local communities.
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Document type: Statement
OBJECTIONS TO ESKOM’S APPLICATIONS FOR ALTERNATIVE LIMITS TO THE MINIMUM EMISSION STANDARDS (MES) FOR THE MEDUPI AND MATIMBA POWER STATIONS
The Life After Coal campaign, comprising the Centre for Environmental Rights (CER), groundWork (gW), and Earthlife Africa (ELA), submitted formal objections on 28 August 2020 against Eskom's applications for alternative emission limits at the Medupi and Matimba power stations. The campaign argues that these requests are an unlawful attempt to circumvent South Africa's Minimum Emission Standards (MES) and violate constitutional rights to a healthy environment.
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Document type: Statement
COMMENTS ON THE BACKGROUND INFORMATION DOCUMENT FOR ESKOM’S APPLICATION FOR ALTERNATIVE LIMITS TO THE MINIMUM EMISSION STANDARDS (MES) FOR THE MEDUPI AND MATIMBA POWER STATIONS
The Life After Coal campaign, comprising the Centre for Environmental Rights (CER), groundWork, and Earthlife Africa Johannesburg, submitted formal objections on 29 January 2020 to Eskom's applications for alternative emission limits at the Medupi and Matimba power stations. The campaign argues that the applications are procedurally and substantively unlawful, violate the South African Constitution and environmental laws, and rely on a flawed air quality modelling approach in a priority area already suffering from poor air quality.
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Document type: Statement
APPEAL IN TERMS OF S43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, OF THE PROVISIONAL AEL ISSUED TO THABAMETSI POWER COMPANY (PTY) LTD - AEL/LP/TPC/09/10/2018
This document is a cover letter from the Centre for Environmental Rights, sent on 30 October 2019 to the Minister of Environment, Forestry and Fisheries, submitting an appeal on behalf of Earthlife Africa and groundWork. The appeal seeks to set aside a provisional atmospheric emission licence (PAEL) issued to Thabametsi Power Company (Pty) Ltd.
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Document type: Statement
APPEAL IN TERMS OF SECTION 43 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT,1998 AGAINST THE ENVIRONMENTAL AUTHORISATION ISSUED TO THE DEPARTMENT OF WATER AND SANITATION ON 15 MARCH 2019 FOR THE MOKOLO AND CROCODILE RIVER (WEST) AUGMENTATION PROJECT (PHASE 2A) (MCWAP-2A), WITHIN THE THABAZIMBI AND LEPHALALE LOCAL MUNICIPALITIES IN THE WATERBERG DISTRICT MUNICIPALITY, LIMPOPO PROVINCE
This document is a formal appeal submitted by the Centre for Environmental Rights on behalf of Earthlife Africa and groundWork to the Minister of Environmental Affairs. The appeal seeks to set aside an Environmental Authorisation granted on 15 March 2019 to the Department of Water and Sanitation for Phase 2A of the Mokolo and Crocodile River (West) Augmentation Project (MCWAP-2A). The appellants argue that the project is unnecessary, environmentally damaging, and based on outdated energy demand assumptions.
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Document type: Statement
PUBLIC PARTICIPATION IN RESPECT OF THE DRAFT INTEGRATED RESOURCE PLAN FOR ELECTRICITY 2018
The Centre for Environmental Rights (CER), representing several environmental and community organisations, sent a letter to the National Energy Regulator of South Africa (NERSA) on 19 November 2018. The letter demands that NERSA conduct a formal public participation process regarding the draft Integrated Resource Plan for Electricity 2018 (draft IRP 2018), arguing that NERSA is legally required to do so before concurring with the Minister of Energy.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NAMANE GENERATION (PTY) LTD ON 28 FEBRUARY 2017
An appeal by Earthlife Africa Johannesburg and groundWork to set aside the environmental authorisation for the 660 MW Namane coal-fired power station in Limpopo, South Africa. The appellants argue the decision is unlawful due to failures to assess climate change impacts, air quality risks, and water scarcity in the Waterberg region, while ignoring renewable energy alternatives and violating national and international environmental commitments.
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT FOR ESKOM’S POSTPONEMENT APPLICATION IN RESPECT OF THE 2015 MINIMUM EMISSION STANDARDS (MES) TIMEFRAMES FOR ESKOM’S MEDUPI AND MATIMBA POWER STATIONS
The Life After Coal campaign opposes Eskom's application to postpone sulphur dioxide emission standards at the Medupi and Matimba power stations, citing a history of non-compliance, failure to install required abatement technology, and a lack of comprehensive health risk assessments for affected communities in the Waterberg District Municipality.
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Document type: Statement
THE MOGALAKWENA LOCAL MUNICIPALITY IN SOUTH AFRICA
The report examines the Mogalakwena Local Municipality as a site of 'perpetual instability' driven by cyclical factionalism within the ANC at local, regional, and provincial levels. It details how political battles over the appointment of the Municipal Manager (MM) and other senior officials led to a breakdown of the party-state interface, resulting in a complete municipal shutdown in 2014, the diversion of public funds toward 'lawfare' and private security, and a severe halt in basic service delivery. The study argues that the municipality's collapse reflects broader institutional fragility within the South African state under the Zuma administration.
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Document type: Case study
SUBMISSIONS ON FINAL SCOPE OF WORK REPORT FOR THABAMETSI IPP COAL-FIRED POWER STATION DEA REF 14/12/16/3/3/3/40
The Centre for Environmental Rights (CER), acting for Earthlife Africa Johannesburg, submitted comments to the Department of Environmental Affairs (DEA) regarding the Final Scope of Work Report (FSR) for the Thabametsi coal-fired power station. The CER argues that the FSR is inadequate, particularly concerning the Climate Change Impact Assessment (CCIA), and requests that the DEA either reject the report or require significant amendments to align it with the South African Constitution and the National Environmental Management Act (NEMA).
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998 AGAINST ENVIRONMENTAL AUTHORISATION GRANTED TO NEWSHELF 1282 (PTY) LIMITED ON 25 FEBRUARY 2015
This document is an appeal submitted by Earthlife Africa Johannesburg on 11 May 2015 to the Minister of Environmental Affairs. The appeal challenges the environmental authorisation granted on 25 February 2015 to Newshelf 1282 (Pty) Limited for the construction of the 1200 megawatt (MW) coal-fired Thabametsi power station near Lephalale in the Limpopo Province. The appellant argues that the decision was unlawful, failed to consider critical air quality and water scarcity issues, ignored climate change obligations, and violated the Promotion of Administrative Justice Act (PAJA).
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Document type: Statement
SUBMISSIONS REGARDING THE REVIEW OF THE NATIONAL FRAMEWORK FOR AIR QUALITY MANAGEMENT
The Centre for Environmental Rights (CER), representing groundWork, the South Durban Community Environmental Alliance (SDCEA), and the Vaal Environmental Justice Alliance (VEJA), submitted comments on August 22, 2012, regarding the review of the National Framework for Air Quality Management. The submission criticizes the lack of a systematic review of the 2007 Framework, the absence of a current State of the Air Report, and significant gaps in air quality monitoring and public access to information. The CER advocates for more stringent emission standards, mandatory reporting for data holders, and a more inclusive, transparent review process.
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Document type: Statement
DECLARATION OF THE WATERBERG NATIONAL PRIORITY AREA
The document is a formal declaration by the Minister of Water and Environmental Affairs designating the Waterberg National Priority Area under the National Environmental Management: Air Quality Act, 2004, due to concerns over ambient air quality and trans-boundary pollution.
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Document type: Statement
a6-0f99d6427224ac05.pdf
This document is an Integrated Water and Waste Management Plan (IWWMP) from July 2016 for the proposed coal-fired IPP Thabametsi Power Plant project in the Lephalale Local Municipality, Limpopo Province. It details the project's technical specifications, water requirements, and waste management infrastructure.
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Document type: Report
annexure-3-aquila-refusal-of-ea-letter-from-ledet-100d73323d69f392.pdf
The Department of Economic Development, Environment and Tourism (LEDET) of the Limpopo Province refused an Environmental Authorisation (EA) for the proposed Meletse Iron Ore Mining project. The project, proposed by Aquila Steel (S Africa) (Pty) Ltd, would have involved an open pit mining operation and associated infrastructure on the farms Donkerpoort 448 KQ and Randstephne 455 KQ. The refusal was based on the determination that ecological, visual, and traffic impacts could not be mitigated and that the project conflicted with required land use for the site.
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Document type: Statement
eskom-response-to-lacs-updated-comments-30-08-2020-ens-esk_bk-v2-8bac82a74bc02772.pdf
This document is a formal exchange between the Life After Coal (LAC) campaign—a joint effort by the Centre for Environmental Rights, groundWork, and Earthlife Africa—and Eskom. The LAC objects to Eskom's applications for alternative emission limits and exemptions from the Minimum Emission Standards (MES) for the Medupi and Matimba power stations. Eskom defends its use of legal mechanisms for postponement and exemptions, citing financial constraints, the need for energy security, and the principles of sustainable development.
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Document type: Report
ipp-thabametsi-power-station-ea-734dccf7d5cf037b.pdf
The Department of Environmental Affairs of the Republic of South Africa has granted an integrated environmental authorisation to Newshelf 1282 (Pty) Ltd for the establishment of the 1200MW coal-fired IPP Thabametsi Power Station and associated infrastructure near Lephalale in the Limpopo Province.
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Document type: Statement
Scanned Document
A Provisional Atmospheric Emission License issued on 31 March 2015 by the Limpopo Provincial Government to Eskom for the Matimba Power Station, authorizing electricity generation via solid fuel combustion and associated storage activities until 01 April 2020.
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Document type: Report
matimba-power-station-2eb8c89799a9a43e.pdf
This document is an annual emissions report for the Matimba Power Station, submitted by Eskom to the Limpopo Department of Economic Development, Environment and Tourism. It covers the reporting period from April 2016 to March 2017, detailing verified emissions of carbon dioxide, particulates, sulfur dioxide, and nitrogen oxides, as well as compliance with atmospheric emission licenses.
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Document type: Report