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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.

The Centre for Environmental Rights (CER) argues that the Climate Change Bill requires stronger enforcement mechanisms, more ambitious emissions targets, and greater transparency to effectively address the climate crisis in South Africa. The CER emphasizes that climate change is a human rights and gender justice issue, noting that women and girls face disproportionate risks. Key recommendations include the introduction of criminal and administrative penalties for exceeding carbon budgets, the adoption of a 'near zero' emissions target by 2050, and the creation of a public web-based information portal for climate data. The CER also calls for more inclusive public participation, particularly for remote communities, youth, and women, and suggests establishing an inter-departmental body to coordinate the climate response across government.

This document contains joint comments submitted by the Centre for Environmental Rights (CER) and seven other civil society organisations to the South African Department of Forestry, Fisheries, and the Environment (DFFE). The submission critiques the proposed 2022 regulations regarding financial provisioning for the mitigation and rehabilitation of environmental damage caused by extractive activities, arguing that the regulations should prioritise environmental protection and community rights over corporate profitability.

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.

The report warns that South Africa is on a 'worst-case' climate trajectory (RCP 8.5), which will lead to extreme heat, water scarcity, and food insecurity, disproportionately harming youth. It details regional collapses in agriculture and tourism, the expansion of informal settlements due to climate-induced migration, and the severe mental health trauma facing children. The author argues that without a rapid phase-out of fossil fuels, large parts of the country may become uninhabitable, leading to systemic social conflict and economic collapse.

The report finds that Eskom's Kendal Power Station recorded 2,851 exceedances of its 100 mg/Nm3 particulate matter (PM) limit between April 2016 and March 2020. Exceedances increased significantly in April 2018 and remained high, with January 2020 recording the highest monthly total of 151. The analysis indicates that existing electrostatic precipitators are failing, and the author recommends either shutting down the plant or rapidly retrofitting all six units with fabric filters to meet AEL and World Bank standards.

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.

The report finds that Kendal Power Station had 2,712 PM exceedances between April 2016 and March 2020, with frequencies increasing threefold starting in April 2018. The author concludes that electrostatic precipitators are failing and recommends either shutting down the plant or retrofitting it with fabric filters to meet AEL and World Bank standards.

The Centre for Environmental Rights (CER) has petitioned Minister Lindiwe Sisulu to urgently provide water tanks and tankers to communities in eMalahleni, including Extension 11, Empumelelweni, Extension 14, and Coronation. These areas have lacked reliable water supply since September 2019, forcing residents to rely on contaminated streams polluted by coal mines and industry. The CER argues that this lack of water violates constitutional rights and severely hinders COVID-19 prevention efforts, as residents cannot perform essential handwashing. The letter calls for immediate government intervention to provide both emergency relief and sustainable long-term water access.

The Centre for Environmental Rights (CER) wrote to the National Energy Regulator of South Africa (NERSA) on 17 February 2020, requesting updates on generation licence applications for the Thabametsi and Khanyisa coal-fired Independent Power Producer (IPP) power stations. The CER highlights significant delays since the March 2018 hearings and argues that the applications are now based on outdated information due to legal challenges, lapsed authorisations, and the withdrawal of bank financing.

The Centre for Environmental Rights (CER) is urging the South African government to penalize Eskom for chronic air pollution at the Kendal power station. Evidence from 2016-2019 shows frequent exceedances of particulate matter (PM) limits, with some units emitting 12 to 13 times the allowable limit. The CER argues that previous enforcement notices have been ineffective and that Eskom is violating both its AEL and the National Environmental Management Act's duty of care, impacting the health of communities in the Highveld Priority Area.

The document examines how disruptive technologies in mining—categorized into digitalization enablers, big data integrators, productivity optimizers, and sustainability improvers—affect different economic contexts. It highlights that while automation increases efficiency and safety, it risks displacing low-skilled workers, particularly Indigenous populations in Australia and local workers in Mali. Conversely, water-saving technologies in South Africa, such as closed-loop recycling and dry tailings disposal, offer positive spillovers for local communities through improved water access and infrastructure.

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.

The Life After Coal Campaign (LAC) argues that new coal-fired power plants in South Africa are irrational, costly, and contrary to international climate obligations. The campaign highlights the severe water externalities of coal, the health risks associated with the proposed Khanyisa power station, and the financial risks of stranded assets as global investment shifts away from thermal coal. LAC advocates for a just transition that prioritizes renewable energy, protects workers' livelihoods, and ensures Eskom's active role in a sustainable energy system.

The Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted detailed comments on the Climate Change Bill, 2018. The CER argues that the Bill focuses too heavily on government bureaucracy and fails to address the urgency of the climate crisis or provide sufficient mechanisms for holding emitters accountable. Key recommendations include setting a strict, legally binding emissions trajectory aligned with the Paris Agreement, ensuring full public disclosure of carbon budgets and GHG reports, and establishing independent oversight and appeals bodies.

The Life After Coal Campaign, comprising the Centre for Environmental Rights, groundWork, and Earthlife Africa, submitted a letter to the National Energy Regulator of South Africa (NERSA) on 7 June 2018. The letter urges NERSA to deny generation licenses for the Thabametsi and Khanyisa coal-fired independent power producer (IPP) projects, citing a University of Cape Town Energy Research Centre (ERC) report that describes the projects as economically inefficient and environmentally harmful.

The Centre for Environmental Rights (CER), representing Earthlife Africa and groundWork, submitted a formal letter to the National Energy Regulator of South Africa (NERSA) on 4 April 2018. The letter follows a public hearing held on 27 March 2018 regarding generation licence applications for the Thabametsi and Khanyisa coal-fired power stations, raising concerns about the hearing process and requesting further information on NERSA's procedural compliance.

The Centre for Environmental Rights (CER) submitted a letter to the National Energy Regulator of South Africa (NERSA) on 6 March 2018, requesting procedural details for public hearings regarding generation licence applications for the proposed Khanyisa and Thabametsi coal-fired power stations.

The Centre for Environmental Rights (CER), acting on behalf of groundWork (gW), has issued an urgent request to the South African Department of Water and Sanitation for information and reasons regarding a water use licence (WUL) issued for the proposed 600 MW Khanyisa Independent Power Producer (IPP) coal-fired power station.

The Centre for Environmental Rights, on behalf of the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, urges the Portfolio Committee on Energy to compel the Department of Energy to release key technical data and conduct fair public consultations before finalising the IRP Update and IEP. The submission highlights the Department's failure to respond to PAIA requests for modelling assumptions and tariff implications. It further argues that the current planning ignores the health and water costs of coal, the emissions of nitrous oxide from CFB technology, and the financial viability of new coal and nuclear plants. Citing studies by Meridian Economics and the Frankfurt Institute, the document asserts that accelerating the decommissioning of older coal stations and prioritising wind and solar PV is the most cost-effective path for South Africa's energy future.