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1,323 documents from Centre for Environmental Rights
Mpumalanga Spatial Development Framework
The Mpumalanga Provincial Spatial Development Framework proposes a polycentric growth management model to address apartheid-era spatial imbalances and promote sustainable economic diversification. It identifies five key economic growth and innovation centres—Mbombela, Emalahleni, Middleburg, Secunda, and Ermelo—and a network of alternative growth centres to decentralise economic activity. The framework emphasises enhancing connectivity via the N4 Maputo Corridor and other strategic routes, protecting high-potential agricultural land and biodiversity, and transitioning the province's coal-dependent economy toward low-carbon and climate-resilient alternatives. It also outlines strategies for urban densification, the development of sustainable human settlements, and the creation of Rural Economic Zones (REZ) to transform rural livelihoods.
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Document type: Report
THE MYTH OF “CLEAN COAL”
The report asserts that "clean coal" is impossible, detailing the severe impacts of coal mining and combustion in South Africa. It examines technologies like HELE plants, CFB combustion, and CCS, concluding they fail to substantially reduce emissions or costs compared to renewables. It further notes that Eskom and Sasol have frequently sought postponements to comply with national air quality standards.
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Document type: Report
Policy brief: Principles for law reform and measures for improved implementation
The document argues for the alignment of provincial conservation laws with national legislation, the clarification of welfare mandates between government departments, and the standardisation of permitting processes to ensure the well-being of wild animals in South Africa.
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Document type: Policy brief
OPPOSITION TO THE ESTABLISHMENT OF A PANEL OF EXPERTS TO PROVIDE STRATEGIC AND TECHNICAL GUIDANCE TOWARDS MANAGEMENT OF SULPHUR DIOXIDE EMISSIONS FROM EXISTING PLANTS
The Life After Coal Campaign (LAC) opposes the establishment of a panel of experts intended to provide guidance on managing sulphur dioxide (SO2) emissions from existing power plants in South Africa. The LAC argues that such a panel is unnecessary, would duplicate previous work done to set Minimum Emission Standards (MES), and would delay essential actions such as retrofitting plants with abatement technology or decommissioning non-compliant facilities. The campaign expresses concern that the panel could be used to weaken legal emission requirements or grant rolling postponements to operators like Eskom and Sasol. Additionally, the LAC notes a lack of transparency regarding the panel's terms of reference and criticizes the Minister of Environmental Affairs for previously weakening SO2 limits in the amended List of Activities published on 31 October 2018 without proper consultation.
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Document type: Statement
OBJECTION BY COALITION OF EIGHT CIVIL SOCIETY ORGANISATIONS AGAINST EXCLUSION OF PROPERTIES FROM THE EXISTING MABOLA PROTECTED ENVIRONMENT
A formal objection submitted by a coalition of eight civil society organisations, represented by the Centre for Environmental Rights, against the Mpumalanga MEC's proposal to exclude specific properties from the Mabola Protected Environment (MPE) to facilitate coal mining.
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Document type: Statement
REGULATIONS FOR IMPLEMENTING AND ENFORCING THE HIGHVELD PRIORITY AREA AIR QUALITY MANAGEMENT PLAN (2012)
The Centre for Environmental Rights (CER) argues that the Highveld Priority Area (HPA) has failed to improve air quality since its 2007 declaration, leaving residents in breach of their constitutional right to a healthy environment. The CER highlights that the 2012 Air Quality Management Plan (AQMP) remains a mere guideline due to a lack of implementing regulations and the granting of 'rolling postponements' for minimum emission standards to major polluters like Eskom and Sasol. The CER demands the publication of enforcement regulations, a final Mid-Term Review of the AQMP, and a cessation of emission standard postponements to meet the 2020 goal of reducing industrial emissions.
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
A letter from the IPP Office to the Centre for Environmental Rights providing an update on the Coal Baseload Independent Power Producers Procurement Programme, specifically regarding bid validity extensions for two preferred bidders.
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Document type: Statement
SOUTH AFRICA’S LOW-EMISSION DEVELOPMENT STRATEGY 2050
South Africa's Low-Emission Development Strategy (SA LEDS) 2050 establishes a framework to place the country on a low-carbon trajectory while ensuring socio-economic development. The strategy focuses on a 'peak, plateau and decline' (PPD) emissions trajectory, with a peak projected between 2020 and 2025. Key interventions span the energy sector (diversifying the electricity mix via the Integrated Resource Plan and REIPPP), industry (energy efficiency and carbon taxes), AFOLU (conservation agriculture and afforestation), and waste (waste-to-energy and recycling). The document emphasizes a 'Just Transition' to protect vulnerable workers and communities, supported by research into hydrogen, fuel cells, and carbon capture and storage. Implementation relies on a combination of domestic funding and international climate finance.
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Document type: Report
REQUEST FOR URGENT WITHDRAWAL OF THE PROVISION IN THE LIST OF ACTIVITIES REGARDING THE WEAKENING OF THE SULPHUR DIOXIDE NEW PLANT MINIMUM EMISSION STANDARDS FOR EXISTING PLANTS
The Centre for Environmental Rights (CER) and allied environmental groups are calling for the urgent withdrawal of an amendment to the List of Activities published on 31 October 2018. The amendment doubles the permissible sulphur dioxide (SO2) emissions for existing solid-fuel combustion installations, such as Eskom's coal-fired power stations and Sasol's coal boilers, from 500mg/Nm3 to 1000mg/Nm3. The CER argues that this change was made without public consultation, violating the National Environmental Management: Air Quality Act, 2004 and the National Environmental Management Act's requirements for transparency and public participation. The group has set a deadline of 10 December 2018 for the withdrawal of the provision, threatening High Court litigation if the request is not met.
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Document type: Statement
Global Environmental Trust and others v Tendele Coal Mining (Pty) Ltd and others
The High Court of South Africa dismissed an application by the Global Environmental Trust and others to stop Tendele Coal Mining's operations, ruling that the company's environmental management programme served as sufficient authorisation and that other required permits for waste and land use were not applicable under the circumstances.
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Document type: Legal commentary
REQUEST FOR UPDATE ON AND PRIORITISATION OF THE CLIMATE CHANGE BILL, 2018
The Centre for Environmental Rights, representing the Life After Coal/Impilo Ngaphandle Kwamalahle Campaign, is urging the South African government to prioritise the promulgation of the Climate Change Bill, 2018. The authors argue that delaying climate legislation is unacceptable given South Africa's extreme vulnerability to climate change and the urgent need for 'rapid and far-reaching' transitions to limit global warming to 1.5°C. They assert that the state has a Constitutional obligation to protect the environment and prevent pollution, citing the Dutch Urgenda case as a legal precedent for the state's duty to pursue ambitious greenhouse gas emission reduction plans.
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Document type: Statement
PUBLIC PARTICIPATION IN RESPECT OF THE DRAFT INTEGRATED RESOURCE PLAN FOR ELECTRICITY 2018
The Centre for Environmental Rights (CER), representing several environmental and community organisations, sent a letter to the National Energy Regulator of South Africa (NERSA) on 19 November 2018. The letter demands that NERSA conduct a formal public participation process regarding the draft Integrated Resource Plan for Electricity 2018 (draft IRP 2018), arguing that NERSA is legally required to do so before concurring with the Minister of Energy.
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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
The Life After Coal Campaign urges the South African Minister of Finance to withhold guarantees for the Thabametsi and Khanyisa coal-fired power stations. The campaign argues these projects fail 'value for money' tests, violate the Public Finance Management Act (PFMA), and would cause irreversible harm to the climate and public health. They highlight that the projects are not part of a least-cost electricity plan and would increase greenhouse gas emissions by 205.7Mt CO2eq over 30 years, potentially exposing the National Treasury to liabilities between R25.2 billion and R225.2 billion.
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Document type: Statement
CENTRE FOR ENVIRONMENTAL RIGHTS / NATIONAL TREASURY: APPLICATION FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 - CER-2018-TRE-0001
The Centre for Environmental Rights (CER) sent a letter to the South African National Treasury on 16 November 2018 seeking clarification on a partial response to a Promotion of Access to Information Act (PAIA) request. The request concerned financial guarantees and agreements related to the Thabametsi and Khanyisa coal-fired power station projects under the Coal Baseload Independent Power Producers Procurement Programme (CBIPPP).
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Document type: Statement
UPDATE ON THE PREFERRED BIDDERS UNDER THE FIRST BID WINDOW OF THE COAL BASELOAD IPP PROCUREMENT PROGRAMME
The Centre for Environmental Rights (CER) is challenging the viability of the Thabametsi and Khanyisa coal-fired power projects, arguing that they cannot reach commercial or financial close due to outstanding licenses, pending High Court reviews of environmental authorisations, and a lack of 'value for money' assessments. CER highlights that Eskom has not approved the signing of the power purchase agreements (PPAs) and notes that the draft IRP 2018 suggests new coal-fired power is not part of a least-cost electricity plan.
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Document type: Statement
Eskom Power Station Exceedances of Applicable Atmospheric Emission License (AEL) Limit Values for PM, SO2 & NOx During April 2016 to December 2017
The report identifies 3,181 exceedances of daily AEL limits for PM, SO2, and NOx across 14 Eskom coal-fired power stations between April 2016 and December 2017. The author notes that these figures are conservative due to incomplete and inconsistent hardcopy reporting. Several plants showed chronic violations, with some AEL limits exceeding the 2015 Minimum Emission Standards. The report recommends transitioning to electronic, standardized reporting that includes unit-level energy production and capacity data to improve transparency and enforcement.
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Document type: Report
ACWA’S HEADS OF ARGUMENT
This document contains the heads of argument submitted by ACWA Power to the Appeal Authority of the Nkangala District Municipality. ACWA argues that an appeal brought by the non-profit organization GroundWork against the transfer of a Provisional Atmospheric Emission Licence (PAEL) should be dismissed because GroundWork, as a third party, lacks the legal standing to appeal under section 62 of the Local Government Municipal Systems Act 32 of 2000.
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Document type: Briefing
Mining and Environmental Justice Community Network of South Africa and others v Minister of Environmental Affairs and others
The Pretoria High Court set aside a decision by the Minister of Environmental Affairs and the Minister of Mineral Resources to allow Atha-Africa Ventures 16 (Pty) Ltd to mine in the Mabola Protected Environment, citing procedural unfairness, lack of transparency, and failure to apply environmental management principles.
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Document type: Case study
REQUEST FOR URGENT WITHDRAWAL OF THE PROVISION IN THE LIST OF ACTIVITIES REGARDING THE WEAKENING OF THE SULPHUR DIOXIDE NEW PLANT MINIMUM EMISSION STANDARDS FOR EXISTING PLANTS
The Centre for Environmental Rights (CER), acting on behalf of several environmental campaigns and alliances, requested that the South African Department of Environmental Affairs urgently withdraw a provision in the amended List of Activities published on 31 October 2018. The CER argues that this provision improperly weakens the sulphur dioxide (SO2) minimum emission standards (MES) for existing solid-fuel combustion plants without public consultation.
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Document type: Statement
Integrated Resource Plan 2018 – groundWork comment
The commentary argues that the IRP 2018 is a form of 'climate denial' that lacks a meaningful carbon constraint and continues to prioritize coal and gas over cheaper, cleaner renewables. It highlights the severe health costs of air pollution from Eskom and criticizes the public consultation process as exclusionary. The authors advocate for a total phase-out of coal, the rejection of new extractive gas projects, and a transition to a socially owned renewable energy system that creates jobs and ensures energy justice for the poor.
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Document type: Statement