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SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS
The Centre for Environmental Rights (CER), on behalf of groundWork and Earthlife Africa, submits a formal objection to Eskom's application for exemptions from Minimum Emission Standards (MES) for eight coal-fired power stations under section 59 of the Air Quality Act (AQA). The submission argues that these exemptions violate the constitutional right to a healthy environment, particularly for residents in Priority Areas, and that Eskom has failed to justify its 14-year delay in achieving compliance.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(1) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISION REGARDING ESKOM’S APPLICATION FOR POSTPONEMENT OF COMPLIANCE TIMEFRAMES RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
This document is an appeal submitted by groundWork and the Vukani Environmental Justice Movement in Action against a decision by the National Air Quality Officer (NAQO) to grant Eskom a postponement of compliance with Minimum Emission Standards (MES) for the Kusile Power Station. The Appellants argue that the decision is unlawful, violates constitutional rights to a healthy environment, and was based on flawed health and atmospheric impact assessments and unfounded claims regarding the reduction of load shedding.
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Document type: Statement
SUBMISSION ON THE APPLICATIONS FOR, AND DECISIONS ON, POSTPONEMENT/SUSPENSION OF MES COMPLIANCE TIMEFRAMES INCLUDING THE RELATED APPEALS AND APPLICATIONS FOR ISSUANCE OF PROVISIONAL AELS, TO THE MES NECA FORUM
This submission by the Centre for Environmental Rights (CER), on behalf of groundWork and Earthlife Africa, opposes Eskom's applications for the postponement and suspension of Minimum Emission Standards (MES) compliance. The document argues that Eskom's failure to comply with air quality laws violates constitutional rights to health and a safe environment, particularly in the Highveld Priority Area. It provides evidence of extensive emission exceedances, high emission intensity compared to international standards, and severe public health impacts, while asserting that abatement technologies are technically and economically feasible.
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Document type: Report
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
This document is an appeal filed by groundWork and Earthlife Africa against decisions made by the National Air Quality Officer (NAQO) on 30 October 2021. The appeal disputes the granting of compliance postponements and suspensions regarding Minimum Emission Standards (MES) for several Eskom coal-fired power stations, arguing that these decisions violate the National Environmental Management: Air Quality Act (AQA), the 2017 National Framework for Air Quality Management, and the Constitution of South Africa.
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Document type: Statement
ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
A statement from the Life After Coal campaign (LAC) to the South African Minister of Environment, Forestry and Fisheries, objecting to Eskom's attempts to seek exemptions from the Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.
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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
OBJECTIONS TO THE 22 MAY 2019 PROPOSED AMENDMENTS TO THE LIST OF ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS IDENTIFIED IN TERMS OF SECTION 21 OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
The Centre for Environmental Rights (CER), representing the Life After Coal campaign and several environmental justice alliances, formally objects to a proposed amendment by the Department of Environment, Forestry and Fisheries to double the Sulphur Dioxide (SO2) Minimum Emission Standard (MES) for new plants in sub-category 1.1 from 500 mg/Nm3 to 1000 mg/Nm3. The CER argues that this weakening of standards is unlawful, violates the South African Constitution's right to a healthy environment, and would lead to significant premature deaths and exacerbated air pollution in priority areas.
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Document type: Statement
SUBMISSIONS ON ESKOM’S APPLICATION FOR SUSPENSION, ALTERNATIVE LIMITS AND/OR POSTPONEMENT OF COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS FOR 10 OF ITS COAL-FIRED POWER STATIONS
The Life After Coal campaign, led by the Centre for Environmental Rights (CER), formally objects to Eskom's application for the suspension, postponement, or alternative limits of Minimum Emission Standards (MES) for 10 coal-fired power stations. The submission argues that Eskom fails to meet the legal prerequisites of the 2017 National Framework for Air Quality Management, specifically regarding National Ambient Air Quality Standards (NAAQS) compliance and the prevention of direct adverse health impacts.
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Document type: Statement
THE LIFE AFTER COAL CAMPAIGN - CONCERNS AND RISKS RELATING TO THE PROPOSED INDEPENDENT POWER PRODUCER (IPP) COAL-FIRED POWER STATION PROJECTS UNDER BID WINDOW 1 OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
A statement from the Life After Coal Campaign to the South African Minister of Finance outlining financial, legal, and environmental risks associated with two proposed coal-fired power stations under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPP).
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Document type: Statement
ABSA GROUP LIMITED’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, urges ABSA Group Limited to withdraw financial support for the proposed Thabametsi and Khanyisa coal-fired power stations. The CER argues that these projects are not 'procured', face significant legal challenges, and contradict the 'least cost' options identified in the 2018 draft Integrated Resource Plan (IRP). The document highlights severe health risks for residents in the Waterberg-Bojanala and Highveld Priority Areas, high greenhouse gas emission intensities, and the potential for these projects to cost South Africa nearly R20 billion more than necessary.
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Document type: Statement
FIRSTRAND BANK’S ROLE IN FINANCING THE PROPOSED THABAMETSI COAL-FIRED POWER PLANT
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, urges FirstRand Bank to withdraw financial support for the proposed Thabametsi coal-fired power plant. The letter argues that the project is economically unnecessary, environmentally damaging, and legally precarious, contradicting the bank's own commitments to a lower-carbon economy.
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Document type: Statement
NEDBANK’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, urges Nedbank to withdraw financial support for the Thabametsi and Khanyisa coal-fired power plants. The letter argues that these projects are not 'least-cost' options, face significant legal challenges regarding environmental and generation licenses, and would cause severe health and climate impacts in South Africa.
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Document type: Statement
STANDARD BANK’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
A letter from the Centre for Environmental Rights (CER), on behalf of the Life After Coal Campaign, urging Standard Bank to withdraw financial support for the proposed Thabametsi and Khanyisa coal-fired power plants in South Africa.
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Document type: Statement
SUBMISSIONS ON THE BACKGROUND INFORMATION DOCUMENT (BID) FOR ESKOM’S APPLICATION FOR POSTPONEMENT OF THE MINIMUM EMISSION STANDARDS (MES) FOR 14 OF ITS COAL AND LIQUID FUEL-FIRED POWER STATIONS
The Centre for Environmental Rights (CER), acting as part of the Life After Coal campaign, submitted a formal objection to Eskom's application to postpone compliance with Minimum Emission Standards (MES) for 14 power stations. The submission argues that such postponements are legally impermissible because the power stations are located in priority areas where national ambient air quality standards (NAAQS) are not being met. The CER contends that the Background Information Document (BID) provided by Eskom is incomplete and misleading, and that the continued emissions cause severe health impacts and premature deaths in surrounding communities.
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Document type: Statement
THE DEVELOPMENT BANK OF SOUTHERN AFRICA’S ROLE IN FINANCING PROPOSED NEW COAL-FIRED POWER PLANTS
The Centre for Environmental Rights (CER), writing on behalf of the Life After Coal Campaign, has requested that the Development Bank of Southern Africa (DBSA) clarify its role in financing the Thabametsi and Khanyisa coal-fired power plants. The CER argues that financing these projects would be unreasonable due to their high greenhouse gas emissions, negative impacts on water and air quality, and the fact that South Africa currently has surplus base supply capacity.
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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
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
AIR QUALITY OFFSET POLICY
The 'Air Quality Offset Policy' is a draft framework published by the Centre for Environmental Rights in January 2014. It proposes the use of environmental offsets—measures that counterbalance adverse atmospheric emissions—to balance South Africa's economic growth and industrial development with the constitutional right to a healthy environment. The policy outlines principles for offset design, specific application scenarios such as license variations or postponements, and the roles of applicants, licensing authorities, and communities in implementing these measures.
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Document type: Policy brief
annexure-a-matimba-approval-letter-88777220dbcbe945.pdf
A letter from the South African Department of Environmental Affairs granting Eskom Holdings SOC Ltd a postponement for compliance with minimum emission standards for sulfur dioxide (SO2) at the Matimba Power Station.
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Document type: Statement