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This document contains the heads of argument submitted by the First and Second Respondents (Groundwork Trust and Vukani Environmental Justice Alliance Movement in Action) to the Supreme Court of Appeal of South Africa. The respondents argue that the Minister of Environmental Affairs has a legal duty under section 20 of the National Environmental Management: Air Quality Act and section 7(2) of the Constitution to promulgate regulations to implement and enforce the Highveld Plan. They seek to uphold a High Court judgment that declared the air quality in the Highveld Priority Area a breach of constitutional rights and ordered the Minister to produce enforcement regulations within 12 months.

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.

This document is an appeal response report filed by groundWork and Earthlife Africa, represented by the Centre for Environmental Rights, challenging decisions made by the National Air Quality Officer (NAQO) regarding Eskom Holdings SOC Ltd. The appellants argue that granting postponements and suspensions of compliance with Minimum Emission Standards (MES) for several coal-fired power stations in the Highveld Priority Area is unlawful and violates environmental laws and constitutional rights to health.

This document consists of a series of letters and a report summary from the Centre for Environmental Rights (CER) addressed to the South African Department of Environmental Affairs (DEA). The CER, representing various environmental groups, argues that the Highveld Priority Area (HPA) has failed to improve air quality since its 2007 declaration. The CER demands the urgent implementation of regulations to enforce the 2012 Air Quality Management Plan (AQMP), the elimination of 'rolling postponements' for emission standards granted to major polluters like Eskom and Sasol, and a formal response to the 'Broken Promises' report regarding the ongoing violation of constitutional rights to a healthy environment.

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 Centre for Environmental Rights (CER), representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, submitted a formal statement to the Portfolio Committee on Energy on 29 November 2017. The document outlines critical concerns regarding the lack of transparency, inadequate public consultation, and the omission of key economic and environmental data in the development of South Africa's draft Integrated Resource Plan (IRP) for Electricity Update and the draft Integrated Energy Plan (IEP).

This October 2017 report by the Centre for Environmental Rights, groundWork, and the Highveld Environmental Justice Network evaluates the failure of the Highveld Priority Area (HPA) to improve air quality in South Africa. Despite the 2007 declaration of the HPA and the 2012 Air Quality Management Plan (AQMP), the report concludes that air quality remains poor and non-compliant with health-based standards, largely due to industrial emissions, inadequate monitoring, and a lack of government capacity and enforcement.

The Centre for Environmental Rights (CER) issued a questionnaire to the eMalahleni Local Municipality (ELM) on 15 June 2016 to conduct a "mini shadow review" of air quality improvements in the Highveld Priority Area (HPA) since 2007. The briefing seeks to determine if the municipality has the capacity, financial resources, and personnel to implement the HPA Air Quality Management Plan (AQMP) and to assess whether emissions and ambient air quality have actually improved in the Middelburg and eMalahleni areas.

The Centre for Environmental Rights (CER) issued a questionnaire to the Nkangala District Municipality (NDM) on 15 June 2016 to conduct a "mini shadow review" of air quality improvements in the Highveld Priority Area (HPA) since 2007. The briefing seeks to determine if the NDM has the capacity, financial resources, and personnel to implement the HPA Air Quality Management Plan (AQMP) and to assess whether industrial emissions and dust have been reduced.

The Centre for Environmental Rights (CER) submitted a letter to the Petroleum Agency of South Africa (PASA) on 12 August 2011, reporting on a series of community workshops regarding Shell's shale gas exploration applications in the Karoo. The CER highlights significant gaps in public participation, reports widespread community concerns regarding water and food security, and urges PASA to require additional consultation with disadvantaged communities before recommending a decision on the Environmental Management Programme (EMP).

The Department of Environmental Affairs (DEA) of South Africa responded to a request from the Centre for Environmental Rights (CER) to develop regulations for the implementation of the Highveld Priority Area (HPA) Air Quality Management Plan (AQMP). The DEA declined this request, stating that the AQMP is a collaborative plan rather than a regulation and that existing air quality management tools are sufficient. The document also provides a detailed response to the 'Broken Promises' report, outlining progress in air quality governance, monitoring, and intergovernmental cooperation within the HPA.

This progress report from SRK Consulting, dated October 6, 2016, outlines the initial activities and status of a project involving Eskom, focusing on stakeholder engagement, baseline assessments, and alignment with national development goals.

The document contains a strategic plan for expanding protected areas in Mpumalanga province from 2009 to 2028, alongside legal correspondence and objections regarding a proposed coal mine by Atha-Africa Ventures (Pty) Ltd on Portion 1 of the farm Yzermyn 96 HT. The strategy prioritizes the Grassland Biome for conservation, while the legal disputes center on the environmental risks to the Mabola Protected Environment and the alleged failure of the mining application to follow the Spatial Planning and Land Use Management Act (SPLUMA).

The Centre for Environmental Rights (CER) submitted comments on the revised draft Air Quality Management Plan (AQMP) for the Nkangala District Municipality (NDM). The CER argues that the plan is overly ambitious given the NDM's lack of capacity and resources, fails to align with the Highveld Priority Area (HPA) AQMP, and contains significant technical errors in its air quality modelling and data.

A letter from the Centre for Environmental Rights (CER) to the South African Minister of Health, requesting the Department of Health's participation in the Highveld Priority Area (HPA) Multi-Stakeholder Reference Group meetings to address the severe health impacts of air pollution.

This document is a confirmatory affidavit signed by Thomas Mnguni, a Community Campaigner for the non-profit organisation groundWork, in support of a legal matter involving environmental justice movements and various South African government ministers and officials.

This briefing, sent by Eskom to the Department of Environmental Affairs (DEA) on 17 July 2014, provides additional information to support Eskom's application to postpone compliance with Minimum Emission Standards (MES) for the Duvha Power Station. The document focuses on ambient air quality monitoring data from three stations—Komati, Middelburg, and Witbank—and references an Atmospheric Impact Report regarding health and environmental assessments.

This annual emissions report for the Duvha Power Station covers the 2015/16 financial year (01 April 2015 to 31 March 2016), detailing verified particulate emissions and calculated gas emissions as required by the station's Atmospheric Emission License.

This document is a legal statement from the Minister of Environment, Forestry and Fisheries (representing the National Department) responding to an application by several parties regarding air quality management in the Highveld Priority Area (HPA). The Minister defends the implementation of the Highveld Plan, arguing that the government has substantially complied with its goals through a co-operative governance model involving national, provincial, and municipal spheres, as well as private industry. The statement rejects the demand for additional regulations under section 20 of the Air Quality Act, asserting that existing tools and the progressive realization of environmental rights are sufficient. It also details the Minister's refusal to grant emission exemptions to Eskom and Sasol.

This document contains replying submissions filed by groundWork (the Appellant) on 24 May 2019 in an appeal before the Nkangala District Municipality Appeal Authority. The appeal challenges the transfer of a 2015 Provisional Atmospheric Emission Licence (PAEL) to ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Limited (ACWA). groundWork argues that the transfer was unlawful due to procedural defects, a failure to consider relevant environmental and health evidence, the unauthorized material variation of the licence's physical scope, and the provision of misleading information regarding the project's capacity.