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The Centre for Environmental Rights (CER) submitted comments to the Department of Forestry, Fisheries and the Environment regarding proposed amendments to the Section 24H Registration Authority Regulations (EAPASA Regulations). The CER objects to further delays in the mandatory registration of environmental assessment practitioners (EAPs) and requests clarification to ensure that the amendments do not restrict the public's right to lodge internal appeals under section 43 of the National Environmental Management Act (NEMA).

The document argues that offshore seismic surveying is fundamentally damaging to marine ecosystems and contradicts South Africa's COP26 commitments to transition from hydrocarbons to renewables. The authors highlight legal deficiencies in the National Environmental Management Act (NEMA) that allow these surveys to bypass full environmental impact assessments and criticize the outdated Environmental Management Programme (EMPr) used for Shell Oil's surveys off the Transkei Coast. They call for a halt to all planned surveys, a review of EIA regulations, and the commissioning of a Strategic Environmental Assessment for the South African Exclusive Economic Zone.

The report finds that new coal capacity in the IRP 2019 is unnecessary for energy security, more expensive than renewable alternatives, and incompatible with the Paris Agreement. Modelling shows that forcing 1.5 GW of new coal into the system increases total discounted power system costs by R23 billion in a reference scenario and up to R109 billion in a climate policy scenario. Furthermore, the study argues that a high-renewable pathway creates more jobs and supports higher GDP growth than a coal-dominated future.

The Life After Coal campaign calls for South Africa to adhere to the lower bound of its updated NDC (350 to 420 Mt CO2eq) to align with the 1.5°C pathway. This requires cancelling all new coal and gas projects, accelerating the retirement of the coal fleet to reach zero fossil fuels in electricity by 2040, and building at least 4 GW of renewable capacity annually. The campaign also advocates for a just transition that prioritizes workers and communities and urges South Africa to lead at COP26 in demanding increased finance for adaptation and loss and damage from wealthy nations.

This briefing memorandum, written by Danjelle Midgley of the Centre for Environmental Rights (CER), outlines the legislative process, key role-players, and estimated timeframes for the National Climate Change Bill following its introduction to the South African Parliament on 11 October 2021.

The document argues that the draft regulations fail to sufficiently protect the state and affected communities from the costs of mine abandonment. It calls for a shift from 'agreed' to 'approved' closure objectives, the inclusion of 'sustainable end use' to address socio-economic inequality and land reform, and the removal of high-risk financial vehicles like parent company guarantees. It specifically highlights regulatory gaps in tailings reprocessing and the environmental risks of seismic surveys in the oil and gas sector.

The Centre for Environmental Rights, representing groundWork, has requested that the National Energy Regulator SA (NERSA) release the approval documents, reasons, charge rates, and power purchase agreements related to the electricity generation licences granted on 21 September 2021 for Karpowership projects in Richard's Bay, Ngqura, and Saldanha.

The Centre for Environmental Rights (CER), acting for groundWork, Vukani Environmental Justice Movement in Action, and the African Climate Alliance, issued a letter of demand to the Minister of Mineral Resources and Energy and the National Energy Regulator of South Africa (NERSA). The letter demands the abandonment of the procurement of 1,500 MW of new coal-generation capacity as specified in the Integrated Resource Plan for Electricity 2019 (IRP 2019) and a September 2020 ministerial determination, citing economic, environmental, and climate risks.

The report identifies southern Africa as a climate change 'hotspot' where warming in the interior is occurring at approximately twice the global average rate. It warns that global warming of 3 °C could lead to the collapse of key crops and the livestock sector. Freshwater availability is projected to decline due to reduced rainfall and increased evaporation, while the risk of multi-year droughts and intense heat waves is expected to rise. These changes threaten food security, increase human mortality in urban areas, and place thousands of unique species at risk of premature extinction. The document emphasizes that the severity of these impacts depends on global mitigation efforts, with 'low mitigation futures' posing significantly higher risks than those limiting warming to 1.5 °C or 2 °C.

The report argues that the RM4P procurement process was designed for gas projects, imposing restrictions that increased renewable energy bid tariffs by over 50% and made gas-dominated projects appear erroneously cost-competitive. Modelling suggests that a technology-agnostic, system-integrated approach could halve tariffs, saving Eskom R8 billion annually (R160 billion over the PPA term) while eliminating the 4 million tonnes of annual CO2 emissions produced by the current preferred bidders, 90% of which come from three Karpowership projects.

The study finds that new coal generation is unnecessary for energy security, more expensive than renewable alternatives, and incompatible with the Paris Agreement. Modelling shows that forcing 1.5 GW of new coal into the power system increases total discounted costs by R23 billion in a reference scenario and R109 billion in a climate policy scenario, while reducing GDP and employment.

The report warns that South Africa is on a 'worst-case' climate trajectory (RCP 8.5), which will lead to extreme heat, water scarcity, and food insecurity, disproportionately harming youth. It details regional collapses in agriculture and tourism, the expansion of informal settlements due to climate-induced migration, and the severe mental health trauma facing children. The author argues that without a rapid phase-out of fossil fuels, large parts of the country may become uninhabitable, leading to systemic social conflict and economic collapse.

The CER and groundWork oppose the Gas Amendment Bill [B9-2020], asserting that it facilitates fossil fuel development contrary to South Africa's climate obligations and the 1.5°C target. They argue the Bill lacks meaningful public consultation, fails to provide adequate access to information, and irregularly grants environmental regulatory powers to the Energy Regulator, thereby encroaching on the mandate of the Minister of Forestry, Fisheries and Environment.

The Centre for Environmental Rights asserts that South Africa's transition from coal must go beyond energy shifts to encompass a radical restructuring of society. The author warns that southern Africa is warming at twice the global rate, making incremental change impossible. The document advocates for an "Open Agenda for a Just Transition" that integrates clean energy with food sovereignty, gender justice, and a new economic system based on human needs rather than profit.

The report evaluates the impact of SO2 emissions from large solid fuel combustion installations in South Africa, primarily those operated by Eskom and Sasol. It concludes that implementing stricter emission standards is technologically feasible and economically beneficial for society due to significant reductions in public health costs, despite the high capital costs for plant operators. The panel recommends a flexible regulatory approach where emission limits are tailored to the remaining lifetime of each plant, suggesting that plants operating beyond the mid-2030s should meet stricter limits of 250 mg/Nm3 or 500 mg/Nm3, while those retiring sooner may be granted more lenient limits of 1000 mg/Nm3. The report highlights that 'expedited retirement' of older coal capacity could reduce retrofit costs by approximately 25% and minimize electricity tariff increases.

The Centre for Environmental Rights (CER) supports the creation of a National Mine Closure Strategy but argues that the draft must prioritize 'mining affected communities' over 'mining dependent communities' and ensure that closure planning begins at the pre-feasibility stage. The CER emphasizes the need for meaningful public participation, the integration of land reform and economic diversification to support a just transition, and the alignment of the strategy with the National Environmental Management Act (NEMA) to prevent 'temporary closure' from becoming a gateway to mine abandonment.

The Centre for Environmental Rights (CER), representing groundWork and Earthlife Africa, submitted comments on July 23, 2021, regarding the Department of Forestry, Fisheries and the Environment's (DFFE) draft Guideline for considering climate change implications in environmental authorisations and licenses. While welcoming the initiative, the CER argues that the draft is insufficient to address the climate crisis and fails to meet the legal requirements of the Constitution and the National Environment Management Act (NEMA). The submission advocates for a 1.5°C warming limit as the primary benchmark for emissions assessments rather than Nationally Determined Contributions (NDCs), and calls for the inclusion of social costs of carbon and full lifecycle GHG emissions in project evaluations.

The Centre for Environmental Rights, representing groundWork, Vukani Environmental Justice Movement in Action, and the African Climate Alliance, has formally objected to the inclusion of new fossil fuel generation capacity—specifically 1500 MW of new coal—in South Africa's Integrated Resource Plan (IRP) 2019 and a September 2020 ministerial determination. The letter requests that the Minister of Mineral Resources and Energy clarify if the IRP 2019 will be updated by the end of 2021, citing a June 2021 announcement by President Ramaphosa to increase the NERSA generation licence exemption threshold to 100 MW. The authors argue this change could unlock over 5000 MW of embedded generation capacity not currently accounted for in the IRP 2019, necessitating a revision of the proposed energy mix.

The Centre for Environmental Rights (CER), acting on behalf of groundwork, wrote to the National Energy Regulator SA (NERSA) on 6 July 2021 to request a 90-day extension for commenting on electricity generation licence applications for three Karpowership gas power projects. The CER argues that the public participation process is flawed and that the projects' national significance warrants wider advertisement beyond local newspapers.

The report argues that the 2019 IRP's goal of adding 1500 MW of new coal generation is technically and environmentally problematic. It concludes that 'clean coal' is a myth, as even high-efficiency, low-emission (HELE) technologies cannot eliminate significant air pollution and greenhouse gas emissions. The author finds that advanced ultra-supercritical plants and carbon capture technologies are currently unproven or cost-prohibitive at scale, making them unlikely to be implemented. Furthermore, the report asserts that the 2023 timeline for the first 750 MW is unrealistic and that new plants would inevitably cause harm to human and environmental health through emissions of toxic organic compounds, trace metals, and acid gases, as well as impacts from the broader coal supply chain.