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Final Synthesis Report
This final synthesis report by the Centre for Environmental Rights provides strategic and technical guidance on managing sulphur dioxide (SO2) emissions from old solid fuel combustion plants in South Africa, specifically focusing on Eskom and Sasol facilities. The report utilizes a cost-benefit analysis (CBA) to recommend minimum emission standards (MES) based on plant lifetime and economic viability, concluding that reducing SO2 emissions is technologically feasible and provides significant net societal benefits through improved public health and macroeconomic growth.
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Document type: Report
Short Heads of Argument for First Respondent
This document contains the Short Heads of Argument filed on 11 March 2021 by the First Respondent, Uthaka Energy (Pty) Ltd, in the High Court of South Africa (Gauteng Division, Pretoria). Uthaka argues against an urgent application for an interim interdict brought by the Mining and Environmental Justice Community Network of South Africa and others, which seeks to stop the commencement of the Yzermyn Underground Coal-mining Project. Uthaka contends that it possesses all necessary statutory authorisations and that the application lacks urgency, a prima facie right, and a reasonable apprehension of irreparable harm.
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Document type: Briefing
Tackling South Africa’s Infrastructure Deficit: The Role of Development Finance Institutions
This policy brief examines the role of international development finance institutions (DFIs) and multilateral development banks (MDBs) in addressing South Africa's infrastructure deficit. It analyzes the shift from a historical reluctance to seek external aid toward a current necessity driven by rising public debt and the economic impact of COVID-19. The document details the government's Infrastructure Build Programme, the establishment of the Investment and Infrastructure Office (IIO), and the creation of a ZAR100 billion Infrastructure Fund, while highlighting critical gaps in project preparation skills and procurement coordination.
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Document type: Policy brief
A CRITICAL REVIEW OF THE LOCAL GOVERNMENT FISCAL FRAMEWORK
This research paper by the Public Affairs Research Institute (PARI) evaluates the local government fiscal framework in South Africa, arguing that the structural assumptions made in the 1998 White Paper on Local Government are fundamentally unsound and have led to widespread municipal financial distress and the erosion of the social wage.
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Document type: Research paper
URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER
A formal letter from the South African Water Caucus (SAWC) and affiliates to Minister Lindiwe Sisulu, President Cyril Ramaphosa, and other officials, demanding urgent provision of water tanks, reliable water supply, and sanitation packs for communities lacking access. The document highlights a failure by the Department of Water and Sanitation (DWS) to respond to previous requests and warns of legal action if a response is not provided by August 3, 2020.
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Document type: Statement
URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER
The South African Water Caucus (SAWC) issued an urgent request to Minister Lindiwe Sisulu of the Department of Human Settlements, Water and Sanitation on June 1, 2020, demanding immediate intervention for over 200 communities lacking access to water and basic sanitation during the COVID-19 pandemic.
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Document type: Statement
URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER
The South African Water Caucus (SAWC) submitted an urgent request to Minister Lindiwe Sisulu on April 30, 2020, demanding the provision of water tanks, reliable water supply, and sanitation packs for numerous communities across South Africa facing dire water shortages and sanitation failures during the COVID-19 lockdown.
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Document type: Statement
URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER
The South African Water Caucus (SAWC) submitted an urgent request to Minister Lindiwe Sisulu on 22 April 2020, demanding the provision of water tanks, reliable water supply, and sanitation packs for numerous communities lacking basic water access during the COVID-19 pandemic.
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Document type: Statement
PROVISION OF WATER TANKS AND RELIABLE WATER SUPPLY TO EMALAHLENI COMMUNITIES AS A MATTER OF URGENCY
The Centre for Environmental Rights, acting for the Vukani Environmental Justice Movement in Action (VEM), wrote to Minister Lindiwe Sisulu on 9 April 2020 to demand urgent water provision for communities in and around eMalahleni. The letter highlights that several areas have lacked reliable water since September 2019, forcing residents to use contaminated streams, which increases health risks during the COVID-19 pandemic.
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Document type: Statement
Draft Mine Community Resettlement Guidelines, 2019 Table of Comments
The Centre for Environmental Rights (CER) provides a table of comments and proposed amendments to the 2019 Draft Mine Community Resettlement Guidelines. The CER argues that the guidelines must move beyond simple consultation toward Free Prior and Informed Consent (FPIC), expand the definition of compensation to include non-material losses, and ensure that resettlement processes are enforceable through amendments to the Mineral and Petroleum Resources Development Act (MPRDA).
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Document type: Report
Introducing Electric Vehicles to Southern Africa: A Systemic Innovation Approach Towards a Green New Deal
This policy briefing by the South African Institute of International Affairs argues that the electric vehicle (EV) revolution presents Southern African states with an opportunity to transform their economic trajectories through a systemic innovation approach. It advocates for a 'just e-volution' that integrates the mining, automotive, and energy sectors to move toward a low-carbon economy, specifically suggesting a 'Green New Deal' for the SADC region to avoid becoming a dumping ground for obsolete internal combustion engine technology.
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Document type: Policy brief
OPEN LETTER FROM ENVIRONMENTAL ACTIVISTS TO PRESIDENT RAMAPHOSA ON THE SOUTH AFRICA INVESTMENT CONFERENCE, 5 – 7 NOVEMBER 2019
An open letter from a coalition of environmental activists to President Cyril Ramaphosa urging that the South Africa Investment Conference (5–7 November 2019) prioritize responsible investment over the exploitation of natural resources, specifically opposing the weakening of water use regulations to attract business.
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Document type: Statement
The use of less-lethal weapons in South African prisons and crowd management
This monograph examines the use and misuse of less-lethal weapons (LLWs) within South African prisons and by the South African Police Service (SAPS) Public Order Police (POP) units during crowd management from 2013 to 2018. It analyzes the legal and regulatory frameworks of the Department of Correctional Services (DCS) and SAPS, highlighting systemic failures in accountability, the use of equipment as instruments of torture, and the lethal consequences of weapons marketed as 'less-lethal'.
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Document type: Report
Internal affairs: Do South Africa’s largest political parties effectively police corruption?
This report evaluates the internal anti-corruption mechanisms of South Africa's three largest political parties: the African National Congress (ANC), the Democratic Alliance (DA), and the Economic Freedom Fighters (EFF). It concludes that while formal policies exist, their practical application is often undermined by political considerations, hierarchical structures, and a preference for party solidarity over probity.
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Document type: Report
Protecting the public or politically compromised? South Africa’s anti-corruption bodies
This report examines the operational independence of South Africa's National Prosecuting Authority (NPA) and the Office of the Public Protector (PP), arguing that both have been compromised by political interference and the appointment of partisan leaders.
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Document type: Report
MIND THE GAP
This report analyzes the failure of Section 139 interventions in South African municipalities between 1998 and 2019. It finds that interventions are typically initiated too late, are legally misclassified to avoid mandatory financial recovery processes, and rely on an unauthorized 'administrator model' that often exacerbates municipal collapse. The authors call for a standardized, non-political implementation framework with clear triggers and strengthened oversight.
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Document type: Report
NEED FOR IMMEDIATE ENFORCEMENT ACTION RELATING TO ESKOM’S FLAGRANT NON-COMPLIANCE WITH ATMOSPHERIC EMISSION LICENCE CONDITIONS AT KENDAL POWER STATION
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa Johannesburg, and the Vukani Environmental Justice Movement in Action, issued a formal request to the Minister of Environment, Forestry and Fisheries for immediate enforcement action against Eskom's Kendal power station. The letter alleges flagrant and chronic non-compliance with Atmospheric Emission Licence (AEL) conditions, specifically regarding particulate matter (PM) limits, and argues that previous government interventions have failed to compel compliance.
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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)
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
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
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
This document is a Rule 16A notice filed in the High Court of South Africa, Gauteng Division, Pretoria, in June 2019. It outlines the constitutional issues raised by applicants—including GroundWork and the Vukani Environmental Justice Alliance—regarding air pollution in the Highveld Priority Area and the failure of the Minister of Environmental Affairs to establish regulations to implement the Highveld Priority Area Air Quality Management Plan.
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Document type: Statement