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APPEAL DECISION
The Water Tribunal of South Africa dismissed an appeal by Thungela Operations (Pty) Ltd against the Department of Water and Sanitation's decision to refuse a Water Use Licence (WUL) for the Palmietkuilen Mining Operation. The Tribunal found that the applicant failed to provide sufficient geohydrological and geochemical data to ensure effective long-term mitigation of water pollution, particularly regarding post-closure acid mine drainage (AMD) and the permanent loss of wetlands.
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Document type: Report
COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISION FOR THE MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION OR PRODUCTION OPERATIONS, 2021
A joint submission by seven civil society organisations, led by the Centre for Environmental Rights, providing detailed comments and proposed amendments to the 2021 draft regulations on financial provision for the mitigation and rehabilitation of environmental damage caused by mining and energy operations in South Africa.
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Document type: Statement
South Africa: Horizontal linkages— Building expertise by overcoming country-specific constraints
This case study examines the development of horizontal linkages in South Africa's mining sector, highlighting how specialized expertise gained from overcoming unique geological and technical constraints allowed local suppliers to diversify into other industries and international markets. It notes that these linkages were primarily driven by market forces and private sector innovation rather than government policy, though recent policy uncertainty and skills shortages have challenged the sector's competitiveness.
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Document type: Case study
WRITTEN SUBMISSIONS TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION FOR THE NATIONAL INVESTIGATIVE HEARING ON THE UNDERLYING SOCIO-ECONOMIC CHALLENGES IN MINING-AFFECTED COMMUNITIES IN SOUTH AFRICA
The Centre for Environmental Rights (CER) submitted these written submissions to the South African Human Rights Commission (SAHRC) in August 2016. The document outlines systemic failures in the environmental governance of the South African mining sector, detailing how poor monitoring, inadequate enforcement, and flawed impact assessment processes lead to the violation of environmental rights in mining-affected communities. It provides evidence of water pollution, ecosystem destruction, and severe health impacts, while recommending a transfer of regulatory authority from the Department of Mineral Resources to environmental authorities.
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Document type: Report
Financial Provisions for Rehabilitation and Closure in South African Mining
This 2012 report by the Centre for Environmental Rights, funded by WWF-SA, evaluates the system for financial provisions for mine rehabilitation and closure in South Africa. It identifies systemic failures in the estimation, securing, and reporting of these funds, arguing that current practices often lead to the underestimation of environmental liabilities and leave the state vulnerable to costs from abandoned mines.
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Document type: Report
State of the Nation Address
The 2012 State of the Nation Address by President Jacob G Zuma outlines a 'massive infrastructure development drive' designed to combat the 'triple challenge' of unemployment, poverty, and inequality in South Africa. The address details strategic investments in transport, mining, and social infrastructure, while reporting on progress in job creation, education, and land reform.
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Document type: Statement
National Strategy for Water re-use
The National Strategy for Water re-use, published by GreenCape in June 2011, outlines a framework for implementing water re-use projects in South Africa to address the country's water-stressed status. It defines various types of re-use, analyzes drivers such as cost and public perception, and identifies sector-specific needs in agriculture, industry, mining, and power generation. The strategy proposes a policy environment focused on clear guidelines, updated water quality standards, and the leveraging of private sector capacity to ensure sustainable water resource management.
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Document type: Report
PROPOSED AMENDMENT TO THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002: SUBMISSIONS BY 13 NON-‐GOVERNMENT ORGANISATIONS REGARDING ENVIRONMENTAL REGULATION OF PROSPECTING, RECONNAISSANCE, EXPLORATION AND MINING
A submission by 13 non-governmental organisations, coordinated by the Centre for Environmental Rights, addressed to the Minister of Mineral Resources regarding proposed amendments to the Mineral and Petroleum Resources Development Act, 2002 (MPRDA). The document argues that the current environmental regulatory regime for mining is inferior to that of other industrial sectors and calls for the integration of mining regulation under the National Environmental Management Act (NEMA) to ensure better environmental protection, public participation, and enforcement.
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Document type: Statement
REQUEST TO THE MINISTER OF MINERAL RESOURCES TO EXERCISE HER DISCRETION UNDER S.49 OF THE MINERALS AND PETROLEUM RESOURCES DEVELOPMENT ACT TO PROHIBIT AND RESTRICT PROSPECTING AND MINING IN AREAS OF CRITICAL BIODIVERSITY AND HYDROLOGICAL VALUE AND SENSITIVITY
A formal request from the Centre for Environmental Rights and a coalition of twelve other NGOs to the South African Minister of Mineral Resources. The document urges the Minister to use her discretion under Section 49 of the Minerals and Petroleum Resources Development Act (MPRDA) to prohibit or restrict prospecting and mining in areas of critical biodiversity and hydrological value to protect the environment and mitigate climate change impacts.
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Document type: Statement
2011-copel-makhubela-q403-what-the-acceptable-and-safe-levels-of-uranium-concentrations-in-water-fit-for-human-consumption-b7410c4602b8b48a.pdf
This document is a written reply from the South African Minister of Water and Environmental Affairs to a parliamentary question regarding the government's policy on safe uranium levels in drinking water.
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Document type: Briefing
NEW HERIOT GOLD MINING COMPANY LIMITED v UNION GOVERNMENT (MINISTER OF RAILWAYS AND HARBOURS) 1916 AD 415
This case study examines the 1916 legal precedent New Heriot Gold Mining Company Limited v Union Government, which addressed the liability of a state railway for flooding a mine due to negligent infrastructure management.
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Document type: Case study