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Digitising Financial Services: A Tool for Financial Inclusion in South Africa?
The paper examines how digitising financial services can expand access to formal finance for underserved populations. It highlights South Africa's success in achieving high account ownership rates but argues that the focus must shift from simple access to 'quality financial inclusion'—emphasising productive usage, financial literacy, and the reduction of cash dependency in the informal economy. The author recommends a coordinated national strategy and enhanced public-private partnerships to address structural barriers and digital divides.
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Document type: Research paper
DELIVERY OF JUSTICE INDEPENDENCE AND ACCOUNTABILITY
The report identifies significant vulnerabilities in the South African criminal justice system, where the President and various Ministers hold unfettered discretion over the appointment and removal of heads of key institutions. The Helen Suzman Foundation (HSF) argues that this lack of oversight facilitates political interference and 'state capture'. The document proposes a legislative overhaul to implement a Judicial Service Commission-style model for appointments and the creation of independent disciplinary committees to ensure both security of tenure and public accountability.
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Document type: Report
PROPOSED MUSINA-MAKHADO SPECIAL ECONOMIC ZONE DEVELOPMENT - ENVIRONMENTAL SCOPING ASSESSMENT REPORT
The report assesses the environmental, social, and economic implications of establishing a heavy industrial hub focused on energy and metallurgy in the Musina-Makhado region. It identifies critical concerns including high water requirements in a water-scarce area, potential biodiversity loss, and the need for significant social infrastructure. The document outlines the proposed land uses, including coking, thermal power, and steel plants, and establishes a Plan of Study for a full Environmental Impact Assessment (EIA).
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Document type: Report
The potential of the cell captive structure for sub-Saharan Africa
The report examines how cell captive insurance—a model where a licensed insurer creates ring-fenced cells for other organisations—can be used in sub-Saharan Africa (SSA) to bridge gaps in specialised risk cover, drive retail innovation, and facilitate market participation. It identifies four primary use cases: specialised risk management, retail innovation, insurance market participation, and the development of offshore financial centres. The document details three main regulatory models—Protected Cell Companies (PCC), Incorporated Cell Companies (ICC), and Shareholder Participation Agreements (SPA)—and provides a decision tree for regulators to determine the appropriate structure based on their policy objectives, risk transfer needs, and requirements for asset separation, capital, and governance.
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Document type: Report
Great Zimbabwe
The report analyzes Zimbabwe's trajectory to 2040, warning that the 'Current Path' of state-centric governance and economic instability will lead to persistent poverty and food insecurity. It contrasts this with the 'Great Zimbabwe' scenario, where pro-growth policies, transferable land titles, and expanded irrigation could significantly boost GDP and reduce undernourishment. Conversely, the 'Things Fall Apart' scenario predicts a decline into internal conflict and severe humanitarian deterioration if political accountability is not established. Key recommendations emphasize rehabilitating irrigation, improving democratic accountability, and partnering with the IMF to stabilize the economy.
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Document type: Report
Enhancing Resilience through Marine and Coastal Ecosystem-based Adaptation
The policy brief advocates for the adoption of marine and coastal ecosystem-based adaptation (EbA) to protect vulnerable coastlines and livelihoods from climate change. It highlights the potential for 'soft' and 'hybrid' adaptation strategies in Southern and East Africa, while identifying barriers such as lack of political prioritisation, insufficient quantitative data for the private sector, and fragmented institutional governance. The author recommends mainstreaming EbA into Nationally Determined Contributions (NDCs) and national budgets, promoting innovative financing like blue bonds and blue carbon credits, and ensuring the active participation of coastal communities and women in project design.
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Document type: Policy brief
Marine and Coastal Ecosystem-based Adaptation for Enhanced Resilience in Southern Africa: Synthesis Report
The report advocates for the integration of marine and coastal ecosystem-based adaptation (EbA) into national climate policies and strategies in Southern Africa. It defines EbA as the use of biodiversity and ecosystem services to help people adapt to climate change, highlighting the value of mangroves, coral reefs, and seagrasses. The document identifies significant barriers to scaling EbA, including fragmented institutional governance, lack of quantitative cost-benefit data, and insufficient financing. It proposes innovative funding mechanisms like blue carbon projects and environmental impact bonds, and emphasizes the necessity of community-led partnerships and gender-inclusive approaches to ensure sustainable implementation.
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Document type: Report
THE COST OF AVAILABLE POLLUTION ABATEMENT TECHNOLOGIES REQUIRED TO MEET MINIMUM EMISSION STANDARDS FOR SULPHUR DIOXIDE (SO2)
The Centre for Environmental Rights (CER) asserts that South Africa's Minimum Emission Standards (MES) for sulphur dioxide (SO2) are already weak compared to other developing nations and should be strictly enforced. The CER disputes claims by Eskom and Sasol that compliance is too expensive, citing expert analysis that suggests Eskom's capital cost estimates for flue gas desulphurisation (FGD) and low NOx burners are significantly inflated. The document highlights that failure to comply with the MES could lead to approximately 16,000 avoidable premature deaths, while doubling the SO2 limit to 1000mg/Nm3 would cause an additional 3,300 premature deaths. It recommends the use of FGD as the best available technology for long-term operation and dry sorbent injection (DSI) only for plants nearing decommissioning.
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Document type: Statement
Le texte révisé du traité contraignant : décevant à en faire honte
Friends of the Earth International expresses deep disappointment with the revised text of the UN's proposed binding treaty on transnational corporations. The organization argues that by expanding the scope to all companies rather than focusing on transnational corporations, the text ignores the power structures of parent companies and their supply chains. While acknowledging the inclusion of victims' rights, the group contends the document lacks international mechanisms to hold corporations accountable and fails to establish the supremacy of human rights over trade and investment agreements.
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Document type: Statement
Revised binding treaty draft shamefully disappointing
Friends of the Earth International expresses deep frustration with the July 16, 2019, Revised Draft of the UN Binding Treaty, claiming it dilutes the scope of the instrument by shifting focus from transnational corporations to all business activities. While the organization acknowledges the integration of victims' rights and human rights coverage, it argues the draft only sets obligations for States and fails to create international jurisdiction or direct obligations for corporations. The organization calls for a more ambitious text ahead of the October 2019 IGWG session to end corporate impunity and prioritize human rights over profit.
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Document type: Statement
NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOMS FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION
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.
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Document type: Statement
APPELLANTS’ RESPONDING STATEMENT, IN TERMS OF REGULATION 74(8) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT REGULATIONS, 2004, TO THE REASONS FOR DECISION OF THE MPUMALANGA REGIONAL MANAGER
This responding statement, submitted by the Centre for Environmental Rights on behalf of eight appellants, challenges the approval of the Environmental Management Programme (EMPR) for Atha-Africa Ventures (Pty) Ltd’s proposed Yzermyn Mine. The appellants argue that the Mpumalanga Regional Manager approved an EMPR that had previously been found to fail statutory requirements regarding environmental protection, specifically concerning wetlands and water resources.
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Document type: Statement
Distressed Mining Community of Ogies v Glencore Operations South Africa (Pty) Ltd and Others (8 July 2019)
This case study details a 2019 South Gauteng High Court judgment in which an application by the Distressed Mining Community of Ogies to stop Glencore Operations South Africa (Pty) Ltd from creating a nuisance through coal mine blasting was dismissed.
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Document type: Case study
Raising Ambition Through Fossil Fuel Subsidy Reform: Greenhouse gas emissions results modelling from 26 countries
The paper finds that removing fossil fuel subsidies across 26 modeled countries leads to an average 6% reduction in greenhouse gas emissions, which increases to 13.2% if combined with a 10% energy tax and reinvestment in renewables and energy efficiency. Globally, the removal of these subsidies is estimated to reduce emissions by 6.4% to 8.2% by 2050. The study highlights that governments save an average of USD 93 for every tonne of CO2e removed through subsidy reform, with total cumulative fiscal savings across the 26 countries reaching USD 2.56 trillion by 2030.
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Document type: Research paper
Admission as amicus curiae in terms of Rule 16A of the Uniform Rules of Court in the matter of The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others (NGHC case no. 39724/19)
The Centre for Environmental Rights, acting for applicants groundWork and Vukani Environmental Justice Movement in Action, provides written consent for the United Nations Special Rapporteur on Human Rights and the Environment, Mr David Boyd, to be admitted as an amicus curiae in the case of The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others (NGHC case no. 39724/19).
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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
Air quality and health impacts of doubling the South African standards for SO2 emissions from power plants
The report argues that doubling the SO2 emissions limit would lead to significant increases in PM2.5 exposure and mercury deposition, resulting in approximately 3,300 premature deaths, with a high concentration of impacts in the Gauteng region.
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Document type: Report
NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)
A notice of appeal filed on 3 July 2019 by a coalition of eight civil society and community non-profit organisations, represented by the Centre for Environmental Rights (CER), challenging the decision of the Gert Sibande District Municipal Planning Tribunal to approve a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga Province.
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Document type: Statement
APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA
The Centre for Environmental Rights (CER) is challenging the approval of a land-use change for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga. The CER argues that the approval by the Gert Sibande Joint Municipal Planning Tribunal is invalid because a previous decision by the Dr Pixley Ka Isaka Seme Local Municipality Joint Municipal Planning Tribunal to dismiss the application remains legally binding.
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Document type: Statement
Admission as amicus curiae in terms of Rule 16A of the Uniform Rules of Court in the matter of The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others (NGHC case no 39724/19)
Lawyers for Human Rights requested consent for UN Special Rapporteur David Richard Boyd to act as amicus curiae in a South African court case (NGHC case no 39724/19). Boyd intended to provide international and comparative legal perspectives on State obligations regarding air pollution and the right to a healthy environment to assist the court in interpreting the NEM: Air Quality Act and the South African Constitution.
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Document type: Statement