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SUBMISSIONS ON ESKOM’S APPLICATION FOR EXEMPTION IN TERMS OF SECTION 59 WITH THE MINIMUM EMISSION STANDARDS FOR 8 OF ITS COAL-FIRED POWER STATIONS
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.
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Document type: Statement
FIRST AND SECOND RESPONDENTS’ HEADS OF ARGUMENT
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.
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Document type: Briefing
NOTIFICATION REGARDING ENVIRONMENTAL EXEMPTION FOR THE CONSTRUCTION OF TEMPORARY STACKS AT KUSLIE POWER STATION: REQUEST FOR RELEVANT DOCUMENTS
A letter from Eskom to the Centre for Environmental Rights detailing the public participation plan and documentation availability regarding an environmental exemption for temporary stacks at the Kusile Power Station.
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Document type: Statement
COMMENTS ON THE PROPOSED REGULATIONS PERTAINING TO FINANCIAL PROVISIONING FOR MITIGATION AND REHABILITATION OF ENVIRONMENTAL DAMAGE CAUSED BY RECONNAISSANCE, PROSPECTING, EXPLORATION, MINING, OR PRODUCTION, 2022
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.
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Document type: Statement
CLIMATE CHANGE GOVERNANCE AND THE CLIMATE CHANGE BILL
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environment, Forestry and Fisheries regarding the Climate Change Bill tabled on 18 February 2022. The CER argues that while the Bill is a critical tool for South Africa's climate response, it contains significant gaps in emission targets, enforcement mechanisms, and transparency. The document also critiques South Africa's 2021 Nationally Determined Contribution (NDC), stating it remains insufficient when compared to the 'fair share' of global mitigation effort required to limit warming to 1.5°C or 2°C.
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Document type: Statement
APPEAL PURSUANT TO SECTION 43(2) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, AGAINST THE NATIONAL AIR QUALITY OFFICER’S DECISIONS REGARDING ESKOM’S APPLICATIONS FOR POSTPONEMENT AND SUSPENSION OF COMPLIANCE TIMEFRAMES, AND/OR ALTERNATIVE LIMITS, RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS
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.
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Document type: Statement
APPEAL RESPONSE REPORT DECISION
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.
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Document type: Report
Climate Change Implications for SA’s Youth
This expert report by Nicholas King, commissioned by the Centre for Environmental Rights, analyzes the projected physical, socio-economic, and ecological impacts of climate change on youth and future generations in South Africa from 2021 through 2060 and beyond. It argues that under current 'business as usual' trajectories, large portions of the country may become uninhabitable, leading to systemic collapses in food and water security, infrastructure, and mental wellbeing.
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Document type: Report
EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOM’S KENDAL POWER STATION
The Centre for Environmental Rights (CER) submitted a statement to the Minister of Environment, Forestry and Fisheries on 28 April 2020, providing expert analysis of air quality and health impacts resulting from emissions at Eskom's Kendal power station. The document presents findings from two expert reports by Dr Ron Sahu and Dr Andrew Gray, highlighting significant exceedances of particulate matter (PM) limits and associated premature deaths and health risks in the Highveld Priority Area.
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Document type: Statement
OBJECTIONS TO GENERATION LICENCE APPLICATIONS FOR THABAMETSI AND KHANYISA IPP COAL-FIRED POWER STATIONS
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.
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Document type: Statement
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
REGULATIONS FOR IMPLEMENTING AND ENFORCING THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN (2012)
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.
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Document type: Statement
THE LIFE AFTER COAL CAMPAIGN - CONCERNS AND RISKS RELATING TO THE PROPOSED INDEPENDENT POWER PRODUCER (IPP) COAL-FIRED POWER STATION PROJECTS UNDER BID WINDOW 1 OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
A statement from the Life After Coal Campaign to the South African Minister of Finance outlining financial, legal, and environmental risks associated with two proposed coal-fired power stations under the Coal Baseload Independent Power Producer Procurement Programme (CBIPPP).
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Document type: Statement
GRIEVANCES ABOUT THE PARTICIPATION OF THE CENTRE FOR ENVIRONMENTAL RIGHTS
The Centre for Environmental Rights (CER) issued this formal response on 16 August 2018 to a memorandum of grievances from The Voice Community Representative Council regarding legal challenges against a proposed coal mine by Atha-Africa Ventures (Pty) Ltd. CER clarifies its role as a non-profit law clinic representing eight civil society organisations, denies representing local farmers or specific agencies, and outlines the environmental and socio-economic risks associated with the proposed mine in a protected area.
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Document type: Statement
RESPONSE TO LETTER OF 16 JULY 2018 AND INPUT REGARDING THE JUST ENERGY TRANSITION TO A LOW-CARBON FUTURE FOR THE PEOPLE OF SOUTH AFRICA
The Life After Coal/Impilo Ngaphandle Kwamalahle (LAC) Campaign, comprising the Centre for Environmental Rights, groundWork, and Earthlife Africa, submitted a response to Minister Jeff Radebe on 8 August 2018. The letter argues against the construction of new coal-fired power plants, specifically the Thabametsi and Khanyisa projects, asserting that they are not the least-cost option and would undermine South Africa's climate commitments and public health.
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Document type: Statement
COMMENTS ON THE CLIMATE CHANGE BILL, 2018
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.
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Document type: Statement
RELEVANT INFORMATION CONCERNING THE COAL IPPS – A STUDY BY THE ENERGY RESEARCH CENTRE
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.
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Document type: Statement
RELEVANT INFORMATION ON THE COAL INDEPENDENT POWER PRODUCERS (IPPS)
The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environmental Affairs on May 22, 2018, opposing the approval of coal-fired Independent Power Producers (IPPs), specifically Thabametsi and Khanyisa. The CER argues that these projects are unnecessary, economically damaging, and environmentally catastrophic, citing high greenhouse gas emissions, water scarcity, and air pollution in priority areas.
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Document type: Statement
OBJECTIONS TO GENERATION LICENCE APPLICATIONS FOR THABAMETSI AND KHANYISA IPP COAL-FIRED POWER STATIONS
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.
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Document type: Statement
PUBLIC HEARINGS IN RESPECT OF THE GENERATION LICENCE APPLICATIONS FOR THE PROPOSED KHANYISA AND THABAMETSI INDEPENDENT POWER PRODUCER COAL-FIRED POWER STATIONS
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.
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Document type: Statement