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1,469 documents from Centre for Environmental Rights
atha-affidavit-in-response-to-cer-a155-2019-served-2020-09-28-cd111bb9747134c6.pdf
This document is an affidavit filed by Praveer Tripathi, Senior Vice President of Atha-Africa Ventures (Pty) Ltd (now Uthaka Energy), in the High Court of South Africa. The affidavit responds to a filing by the Centre for Environmental Rights (CER), alleging that the CER and its attorney, Catherine Horsfield, have a conflict of interest because they are acting as both legal representatives for environmental groups and as activists with their own agenda to stop coal mining. Tripathi details a decade of litigation and media campaigns led by the CER to obstruct Atha-Africa's coal-mining project in the Mabola Protected Environment, arguing that these actions follow a global 'disrupt and delay' strategy used by environmental NGOs to make fossil fuel projects unviable.
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Document type: Statement
KM_C554e-20170329090432
A letter from the Minister of Water and Sanitation of the Republic of South Africa to Mr. Praveer Tripathi regarding the lifting of a license suspension.
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Document type: Statement
atha-africa-replying-submission-in-terms-of-regulation-747-of-the-mprda-regulations-8-august-2019-70752ba425e764ac.pdf
This document is a replying submission by Atha-Africa Ventures (Pty) Ltd to the Director-General of the Department of Mineral Resources. It responds to an administrative appeal lodged by a coalition of environmental organisations against the approval of the Environmental Management Programme (EMP) for the Yzermyn Underground Coal Mine Project.
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Document type: Statement
WRITTEN RESPONSE OF SECOND RESPONDENT TO SUBSTITUTED APPEAL SUBMISSION OF 1 DECEMBER 2017
This document is a written response from Atha-Africa Ventures (Pty) Ltd (the Second Respondent) to a substituted appeal submitted on 1 December 2017. The appeal, lodged by the Endangered Wildlife Trust, the Federation for a Sustainable Environment, and Mpumalanga Landbou/Agriculture, challenges the Director-General of the Department of Water and Sanitation's decision to grant a water use licence for the Yzermyn Project. Atha-Africa argues that the Appellants rely on outdated reports and a misunderstanding of the precautionary principle, asserting that the project's environmental impacts are localised, manageable through mitigation, and balanced by significant socio-economic benefits.
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Document type: Statement
b-confirmatory-affidavit-thomas-mnguni-complete-1f7d4f6a6cca4356.pdf
This document is a confirmatory affidavit signed by Thomas Mnguni, a Community Campaigner for the non-profit organisation groundWork, in support of a legal matter involving environmental justice movements and various South African government ministers and officials.
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Document type: Statement
BAREKI & ANOTHER V GENCOR LTD & OTHERS 2006 (1) SA 432 (T)
This fact sheet analyzes the case of Bareki & Another v Gencor Ltd & Others 2006 (1) SA 432 (T), focusing on the retrospective application of the National Environmental Management Act 107 of 1998 (NEMA) and the continuity of environmental rehabilitation obligations under repealed mining legislation.
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Document type: Fact sheet
BENGWENYAMA MINERALS (PTY) LTD v GENORAH RESOURCES (PTY) LTD 2010 JDR 1446 (CC)
This case study details a Constitutional Court ruling in Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd, which clarified legal requirements for prospecting rights under the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). The court upheld an appeal by the Bengwenyama Community, finding that Genorah Resources failed to properly consult the community and that the Department of Mineral Resources (DMR) failed to follow administrative fairness and environmental prerequisites.
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Document type: Case study
BENICON- BANKFONTEIN
This case study details a legal and administrative dispute regarding a coal mining application by Benicon Mining (Pty) Ltd on the farm Bankfontein in Mpumalanga. The Mpumalanga Lakes District Protection Group (MLDPG) appealed a positive environmental authorization, citing failures in biodiversity assessment, wetland delineation, and the underestimation of post-closure water rehabilitation costs.
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Document type: Case study
MR BIRDLIFE SOUTH AFRICA’S RESPONSE TO WILLIAM PATRICK BOWER PTY LTD’S REPLYING SUBMISSION
This responding statement, submitted by the Centre for Environmental Rights on behalf of BirdLife South Africa, argues that a mining right granted to William Patrick Bower Pty Ltd (WPB) should be set aside. The document contends that WPB's replying submission was filed late and introduced new, unauthorized mine layout plans and hydrogeochemical data that were not available to the decision-maker at the time of the grant. BirdLife South Africa further asserts that the mining area contains endangered ecosystems and irreplaceable biodiversity, contradicting claims made by WPB.
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Document type: Statement
BRIGHT COAL-COMMISIEKRAAL
This case study examines the granting and renewal of a coal prospecting right on the Farm Commissiekraal in KwaZulu-Natal, focusing on the ecological sensitivity of the Pongola river headwaters and the failure to consult downstream water users.
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Document type: Case study
Building Trust for Transition: DBSA's Impact on Local Community Trusts in South Africa's Renewable Energy Sector
This case study examines the role of the Development Bank of Southern Africa (DBSA) in financing and overseeing Local Community Trusts (LCTs) within South Africa's Renewable Energy Independent Power Producer Procurement Programme (REIPPPP). It analyzes the structural and governance challenges that often lead to the failure of LCTs, contrasts these with successful examples like the Sibona, Letsatsi, and Amandla trusts, and provides a comprehensive set of best practices and recommendations for development finance institutions (DFIs) and other stakeholders to ensure equitable benefit-sharing in the energy transition.
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Document type: Case study
camden-ael_april-2015-f45e0519cc504d2d.pdf
This document is an Atmospheric Emission Licence (AEL) issued on 31 March 2015 by the Gert Sibande District Municipality to Eskom Holdings SOC Limited for the Camden Power Station. The licence, issued under the National Environmental Management: Air Quality Act, 2004, regulates emissions from solid fuel combustion, petroleum storage, and coal handling, establishing specific operational requirements, emission limits, and monitoring obligations for a period not exceeding five years.
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Document type: Statement
camden-annual-emissions-report-2015-2016_dea-094ef021cec88312.pdf
This annual emissions report for the Camden Power Station, submitted by Eskom to the Department of Environmental Affairs, details pollutant and greenhouse gas emissions for the 2015/2016 financial year (1 April 2015 to 31 March 2016).
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Document type: Report
camden-annual-emissions-report-2015-2016_gsdm-b5e9fb4e672eeed0.pdf
This document is an annual emissions report for the Camden Power Station for the 2015/2016 financial year (1 April 2015 to 31 March 2016), submitted by Eskom to the Gert Sibande District Municipality. It details the verified emissions of particulates, sulfur dioxide, nitrogen oxides, and greenhouse gases, while outlining ongoing infrastructure upgrades to reduce emissions.
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Document type: Report
camden-appeal-decision-704ca11d67f4d8fb.pdf
The Gert Sibande District Municipality rejected an appeal by the Centre for Environmental Rights regarding the Eskom Camden Power Station, asserting that the decision to grant a postponement and amend the Atmospheric Emission License (AEL) was made legally and in consultation with the National Air Quality Officer.
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Document type: Statement
KM_C554e-20150213203305
A letter from the South African Department of Environmental Affairs to Eskom regarding the application for postponement of compliance time-frames with the National Environmental Management: Air Quality Act 39 of 2004 minimum emission standards for the Camden Power Station.
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Document type: Statement
camden-power-station-850c5410fed797c9.pdf
This document is a formal letter from Eskom's Camden Power Station to the Department of Environmental Affairs, serving as the annual emissions report for the 2016/2017 financial year (1 April 2016 to 31 March 2017). It details the verified emissions of particulates, sulfur dioxide, nitrogen oxides, and greenhouse gases, while reporting on infrastructure upgrades intended to reduce emissions.
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Document type: Report
WHY THERE IS NO SUCH THING AS CLEAN COAL
This document is an executive summary of a report by Dr. Ranajit Sahu, which argues that the concept of "clean coal" is a myth. It specifically analyzes the 2019 Integrated Resource Plan for Electricity (IRP) proposal to add 1500 MW of new coal power generation in South Africa, concluding that such projects will cause significant air pollution and greenhouse gas emissions regardless of the technology used.
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Document type: Executive summary
case-no-1322_21-confirmatory-affidavit-john-capel-5b2b62f1cff2a5c4.pdf
This document is a confirmatory affidavit signed by John Capel, Executive Director of the Bench Marks Foundation, in support of a legal matter (Case No. 1322/2021) in the High Court of South Africa, Mpumalanga Division.
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Document type: Statement
case-no-1322_21-confirmatory-affidavit-yolan-friedmann-ba40c3f894058d40.pdf
A confirmatory affidavit signed on April 22, 2021, by Yolan Friedmann, Executive Director of the Endangered Wildlife Trust, confirming the allegations made in a founding affidavit by Nkwane Elton Thobejane in a case before the High Court of South Africa Mpumalanga Division.
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Document type: Statement