Search Climate Insights Directory

The Centre for Environmental Rights contends that Eskom's request for MES exemptions is based on a flawed analysis that systematically underestimates the health benefits of pollution control. The document highlights the omission of morbidity impacts, the use of outdated population data, and a restricted geographical scope of 33 km around power plants. It further criticizes the ethical implications of Eskom's cost-benefit analysis, which prioritizes financial savings over public health and uses electricity tariff increases to deter compliance. Finally, the document notes that Eskom's analysis relies on South African legal limits rather than the stricter World Health Organization (WHO) guidelines, thereby ignoring global scientific consensus on safe exposure levels.

The report examines the push for natural gas as a 'transition fuel' in South Africa, contrasting government plans with the environmental and financial risks of stranded assets. It details the activities and financing of Kinetiko Energy's Mpumalanga Gas Project and Renergen's Virginia gas field, highlighting significant concerns regarding groundwater contamination, methane leakage, and a lack of transparency in governance.

The memorandum argues that while South African law does not yet have a specific statute requiring directors to prepare for climate change, existing fiduciary duties, the duty of care and diligence, and emerging legislation like the Climate Change Act 22 of 2024 create a legal basis for accountability. It highlights that South African courts are increasingly relying on non-binding governance standards, such as the King IV Report, and international obligations to interpret directors' duties. The document outlines several avenues for liability, including derivative actions under section 165 of the Companies Act, piercing the corporate veil under section 20(9), and criminal liability under the National Environmental Management Act (NEMA). It concludes that directors should proactively manage climate risk to avoid potential litigation as legal frameworks evolve.

The report details a community health screening in Phola, Mpumalanga Highveld, finding severe environmental degradation and widespread health issues linked to coal mining. Key findings include high rates of respiratory symptoms, chronic conditions, and a strong community perception that the environment is hazardous. The study also highlights socio-economic vulnerabilities, including high unemployment and reliance on social grants, and recommends strategies for government, healthcare providers, and the community to mitigate these impacts.

This document is a formal appeal submitted by groundWork and the South Durban Community Environmental Alliance (SDCEA) to the Minister of Forestry, Fisheries and Environment. The appeal seeks to set aside an Amended Environmental Authorisation (Amended EA) granted on 2 August 2024 to Phinda Power Projects (Pty) Ltd for a 320MW Emergency Risk Mitigation Power Plant in Alton, Richards Bay. The Appellants argue that the decision was unlawful, procedurally unfair, and failed to adequately assess the environmental and climate impacts of switching the plant's fuel source and technology.

This document consists of two distinct parts: a supplemental expert report by Dr. Ranajit (Ron) Sahu evaluating the air quality impact assessment (AQIA) for the proposed Lephalale Coal Mine, and a comprehensive Spatial Development Framework (SDF) for the Lephalale Local Municipality. Dr. Sahu concludes that the mine will cause substantial adverse particulate matter (PM) impacts, exceeding national standards even with mitigation. The SDF section provides a long-term spatial plan for the municipality, focusing on the 'energy hub' of Africa, rural development, and the management of urban sprawl and environmental protection.

The report details the negative impacts of Ikwezi Mining's blasting operations on local communities, including structural damage to homes, psychosocial trauma in children, and cultural disruption. It highlights a lack of adequate blasting notices and a non-functional grievance mechanism, while recommending formalized blasting standards for rural South African communities.

The petition argues that the Upstream Petroleum Resources Development Bill (B13B – 2021) violates the South African Constitution and the One Environmental System (OES). It highlights the Bill's failure to provide adequate local economic development frameworks, its acceleration of fossil fuel extraction during a climate emergency, and its insufficient public participation and consultation processes. The petitioners urge the President to refer the Bill back to Parliament for redrafting to align with human rights and climate science.

A legal notice filed on April 10, 2024, in which Richards Bay Gas Power 2 (Pty) Ltd abandons costs orders granted in its favour following two separate court rulings in the High Court of South Africa, Gauteng Division, Pretoria.

The report examines the gendered impacts of climate change and environmental degradation in South Africa, focusing on air pollution, water access, agroecology, and energy poverty. Through case studies, it highlights how women-led initiatives—such as legal challenges against air pollution in the Highveld, agroecology gardens in Burundi, solar energy projects in Johannesburg, and waste management in Durban—address systemic inequalities and build community resilience. It argues that a Just Transition must integrate an intersectional gender perspective to be effective.

The Centre for Environmental Rights (CER), on behalf of the Life After Coal (LAC) coalition, submitted comments on the Gas Amendment Bill [B – 2023], arguing that accelerating gas infrastructure is irrational given the climate emergency and South Africa's extreme vulnerability to climate change. The submission criticizes the Bill for inadequate public consultation processes, lack of transparency regarding confidential information, and a failure to align with international climate targets such as the IPCC's 1.5°C benchmark.

The document provides a preliminary legal mapping of the procedural and substantive requirements for a delictual claim against Carbon Majors in South Africa. It examines jurisdictional hurdles, such as the need to attach assets for foreign defendants, and the potential for state immunity defenses for state-owned companies. Substantively, it analyzes the elements of delictual liability—wrongfulness, fault, and causation—suggesting that South African courts' flexible approach to factual causation and the use of attribution science could support such claims. It also discusses parent company liability and the possibility of holding a select group of joint wrongdoers severally liable for the full extent of damages.

The report analyzes the April 2022 floods in KwaZulu-Natal, South Africa, using attribution science to link the disaster to human-induced global warming. It argues that 'carbon majors'—the largest global GHG emitters—should be held accountable under the 'polluter pays' principle. The document explores the legal pathways in South African delictual law to seek compensation for both immediate losses and future climate resilience, while highlighting the disproportionate impact of such disasters on marginalized communities.

The report provides an evidence-based narrative of the April 2022 floods in Durban, which saw 304-311 mm of rain in 24 hours, resulting in 450 deaths and 40,000 displaced people. It evaluates the city's resilience strategies, such as the Community Based Early Flood Warning System (CBFEWS) and the Transformative Riverine Management Programme (TRMP), while detailing the devastating cumulative impacts on vulnerable populations. Through five case studies—including the Quarry Road West informal settlement and the Dassenhoek peri-urban area—the document highlights profound material loss, psychological trauma, and the erosion of development gains, arguing that such events serve as proxies for the broader impacts of climate change.

The submission argues that the Electricity Regulation Amendment Bill [B23 – 2023] lacks sufficient provisions for a just transition, energy decentralisation, and transparency. It specifically criticises the potential for grid privatisation through wheeling agreements, the lack of regulatory support for energy storage and small-scale embedded generation (SSEG), and the expansion of Ministerial discretion over the Integrated Resource Plan (IRP) and procurement processes. The authors also object to proposed confidentiality clauses that could limit public access to licence applications and call for stronger public participation requirements aligned with PAJA and PAIA.

This document is a PAIA Manual published in October 2023 by the Centre for Environmental Rights (CER), a non-profit law clinic based in Cape Town. The manual outlines the procedures and categories of information available to the public in accordance with the Promotion of Access to Information Act, 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPIA), ensuring transparency and the exercise of environmental rights.

The Centre for Environmental Rights (CER) provided formal submissions on the Draft National Appeal Regulations 2023 under the National Environmental Management Act (NEMA), 1998. The CER argues that several proposed regulations create barriers to public participation, violate principles of administrative justice, and are inconsistent with existing NEMA provisions, particularly regarding appeal timeframes and the use of standardized forms.

The Centre for Environmental Rights, acting on behalf of Appellants, submitted a statement to the Department of Forestry, Fisheries and the Environment opposing a request by Tetra4 (Pty) Ltd for condonation regarding the late filing of its responding statement in an appeal against an environmental authorisation granted on 13 July 2023.

The Centre for Environmental Rights argues that several proposed amendments to South Africa's EIA Regulations underestimate the environmental risks of mining and seismic activities. Specifically, it contends that onshore seismic surveys and the expansion of mining operations—including the reclamation of residue stockpiles—should require a full Scoping and Environmental Impact Assessment (S&EIA) under Listing Notice 2 rather than a Basic Assessment Report under Listing Notice 1. The submission also highlights systemic issues in the EIA process, such as the lack of transparency in mining right amendments under section 102 of the MPRDA and the conflict of interest arising from applicants paying for their own Environmental Assessment Practitioners (EAPs).

The Centre for Environmental Rights, on behalf of the Life after Coal Campaign, submits that the draft South African Renewable Energy Masterplan (SAREM) fails to sufficiently integrate gender justice. The submission highlights significant underrepresentation of women in South Africa's energy sectors—including only 14% in renewable energy and 21% in coal—and argues that without deliberate design and measurable targets, the transition will maintain existing inequalities. It recommends that SAREM explicitly elevate gender equality as a key outcome, implement conditional state support for women's employment, and provide dedicated financial and developmental support for women-owned businesses through mechanisms like the proposed Transformation Fund.