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A letter from the State Attorney in Pretoria states that ACWA Power Khanyisa unlawfully commenced activities without meeting specific conditions of its Environmental Authorisation, including obtaining a Water Use Licence and approval for an amended design. Consequently, the State Attorney asserts that the Environmental Authorisation lapsed on 31 October 2018, making a pending review application moot.

The report finds that Atha-Africa Ventures' financial provisions for the Yzermyn coal mine are incomplete and significantly underestimated. GCS Water and Environment identifies critical omissions, including costs for wetland rehabilitation, wetland offsetting, and the construction and operation of a wastewater treatment plant (WWTP) to manage post-closure decant. GCS estimates that the 2020 financial provision provided by Atha-Africa is less than one-quarter of the realistic costs required. The report emphasizes that the mine's location within the Mabola Protected Area and its impact on sensitive headwater wetlands necessitate a full-scale revision of closure and water management costs to ensure long-term environmental protection.

The Centre for Environmental Rights (CER), representing groundWork and Earthlife Africa, has formally requested the opportunity to comment on the final scoping assessment report for the proposed Musina-Makhado Special Economic Zone (SEZ). The CER objects to the adequacy of the public participation process and the content of the scoping report, requesting that the environmental impact assessment (EIA) process be paused until detailed objections are submitted.

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).

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

The report finds a systemic collapse of water resource regulation in Mpumalanga's coal mining sector. It details how the Department of Water & Sanitation (DWS) fails to issue timely licences, monitor compliance, or enforce penalties. Mining companies are found to unilaterally deviate from licence conditions and ignore pollution prevention, while independent auditors provide misleading 'compliant' ratings based on visual inspections rather than scientific data. This regulatory failure has led to severe water quality degradation in the Olifants River Catchment, including acid mine drainage and the contamination of groundwater and surface water.

The Life After Coal Campaign advocates for the urgent phase-out of coal-fired power in South Africa to mitigate climate change and economic risks. The campaign calls for the cancellation of several coal projects, including the Coal IPP Programme and remaining units of the Kusile power station, while urging the government to remove barriers to renewable energy procurement and finalise the Integrated Resource Plan for Electricity (IRP). The document argues that continuing investment in coal infrastructure risks stranding assets and workers, noting that a low-carbon transition is necessary to avoid an estimated $120 billion in transition risk by 2035.

The report finds that 14 industrial facilities in South Africa's Mpumalanga Highveld Priority Area (HPA) caused between 305 and 650 early deaths in 2016 due to PM2.5 pollution. The most significant contributors were the Lethabo, Kendal, and Kriel power stations. Modeling indicates that compliance with the 2020 Minimum Emission Standards (MES) would reduce these annual early deaths by 60%, preventing between 182 and 388 deaths. The report also highlights severe exceedances of World Health Organization (WHO) guidelines for SO2 and NO2, particularly at sensitive sites like schools and hospitals. In 2016, these 14 facilities accounted for up to 92% of the daily ambient SO2 limit, suggesting that national air quality standards cannot be met without reducing emissions from these specific sources.

Professor Peter Orris reviews Dr. Andrew Gray's modeling of emissions from 12 coal-fired power plants, a Synfuels facility, and a NatRef refinery in South Africa. Orris concludes that these facilities create a significant public health hazard, contributing to hundreds of premature deaths annually via PM2.5 exposure. He notes that while implementing the 2020 Minimum Emission Standards (MES) would significantly reduce PM2.5-related deaths, it would not eliminate all WHO guideline exceedances for SO2 and NO2. The review emphasizes the vulnerability of children and the elderly at sensitive sites like schools and hospitals.

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.

The Centre for Environmental Rights (CER) requested access to internal reports and findings from the Department of Water and Sanitation (DWS) regarding Climate Change Risk and Vulnerability Assessments conducted in specific water management areas and water transfer projects.