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This report by the Centre for Environmental Rights examines the risks and financing of onshore gas extraction in South Africa, focusing on the Mpumalanga Gas Project and the Virginia gas field. It critiques the government's positioning of gas as a 'transition fuel' and highlights significant environmental, financial, and transparency concerns.

This legal memorandum analyzes the potential for company directors in South Africa to be held personally liable for failing to address, disclose, and prepare for climate-related financial risks. It examines the intersection of the Companies Act 71 of 2008, common law, the National Environmental Management Act (NEMA), and the recently enacted Climate Change Act 22 of 2024, arguing that climate risk is a material financial risk that falls under existing directors' duties of care, skill, and fiduciary loyalty.

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.

Dr. Ranajit Sahu's expert report concludes that the Updated Air Quality Impact Assessment for the proposed Lephalale Coal Mine confirms that particulate matter emissions will exceed national health standards even with mitigation. He criticizes the assessment for using flawed US EPA methodologies, lacking data on Total Suspended Particulates, and using an unrealistic 'average' truck weight for emissions modeling.

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 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.

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.

A joint submission by the Centre for Environmental Rights (CER) and Natural Justice (NJ) providing critical feedback on the Electricity Regulation Amendment Bill [B23 – 2023]. The organizations argue that the Bill fails to sufficiently promote a just transition from fossil fuels, lacks necessary protections against the privatization of the electricity grid, and contains provisions that could undermine transparency and public participation in energy planning and procurement.

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, on behalf of the Life after Coal Campaign, submitted further comments on the draft South African Renewable Energy Masterplan (SAREM) in August 2023. The submission argues that gender equality and justice must be a deliberate, central outcome of the energy transition rather than an afterthought, as systemic patriarchy and existing discrimination currently limit women's participation in the renewable energy sector.

The Centre for Environmental Rights, acting on behalf of MEJCON-SA and MACUA, has submitted a formal appeal to the Minister of Forestry, Fisheries, and Environmental Affairs to set aside an Environmental Authorisation granted to Tetra4 (Pty) Ltd on 13 July 2023.

This expert report, prepared by geologist and hydrogeologist Steven K. Campbell for the Centre for Environmental Rights, critiques the Environmental Impact Assessment (EIA) for Tetra4 (Pty) Ltd’s proposed Cluster 2 gas production expansion near Virginia, Free State Province, South Africa. Campbell argues that the project's geologic and hydrogeologic frameworks are based on insufficient site-specific data, leading to unreliable groundwater flow models and flawed contamination simulations for methane and total dissolved solids (TDS). He concludes that the expansion should not be approved until critical data gaps are filled and a robust monitoring and remediation plan is established.

This document is an appeal submitted by groundWork and the Vukani Environmental Justice Movement in Action against a decision by the National Air Quality Officer (NAQO) to grant Eskom a postponement of compliance with Minimum Emission Standards (MES) for the Kusile Power Station. The Appellants argue that the decision is unlawful, violates constitutional rights to a healthy environment, and was based on flawed health and atmospheric impact assessments and unfounded claims regarding the reduction of load shedding.

The Centre for Environmental Rights (CER) issued a statement to the Petroleum Agency of South Africa (PASA) expressing concerns over transparency, environmental monitoring, and the lack of Climate Change Impact Assessments (CCIAs) for upstream gas and petroleum activities.

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.

The Centre for Environmental Rights, representing MEJCON-SA and MACUA, submitted a formal objection on May 9, 2023, against Tetra4 (Pty) LTD's application to amend its Water Use Licence (WUL) for the Cluster 2 expansion of gas and helium production near Virginia, Free State. The objection argues that the Integrated Water and Waste Management Plan (IWWMP) fails to adequately assess risks of groundwater contamination, radioactive waste, municipal water stress, and the compounding effects of climate change on a region critical for South African food security.

This document is a formal objection letter from the Centre for Environmental Rights (CER), on behalf of the Mining and Environmental Justice Community Network of South Africa (MEJCON-SA) and Mining Affected Communities United in Action (MACUA), regarding Tetra4's application to amend its Water Use Licence (WUL) for the Cluster 2 expansion of gas and helium production near Virginia, Free State. The document includes the original objections and the corresponding responses from Tetra4, focusing on risks to groundwater, radioactive contamination, waste management, and the impacts of climate change on water security.