Search Climate Insights Directory

A letter from the South African Minister of Forestry, Fisheries and the Environment to the Centre for Environmental Rights explaining the decision to amend the Minimum Emission Standards (MES) for sulphur dioxide emissions from existing subcategory 1.1 facilities.

A letter from the South African Ministry of Mineral Resources to the Centre for Environmental Rights acknowledging a submission from 13 non-governmental organisations regarding the environmental regulation of prospecting, reconnaissance, exploration, and mining within the review of the Mineral and Petroleum Resources Development Act, 2002.

In a letter dated 8 April 2016, Gunn Attorneys, representing Newshelf 1282 (Pty) Ltd, outlines the status of environmental authorizations for the proposed 1200MW Thabametsi Power Station in Lephalale, Limpopo. The company committed to completing climate change and palaeontological impact assessments as directed by the DEA. The letter clarifies that the finalization of the Air Emissions License and the submission of the water use licence action plan are dependent on the project being named a preferred bidder in the Coal Base Load Independent Power Producer Programme.

A letter from the Australian High Commission in Pretoria to the Centre for Environmental Rights regarding Mineral Commodities Ltd’s (MRC) proposed titanium mine in Xolobeni, South Africa.

A letter from Greenpeace Africa to South Africa's Minister of Energy, Jeff Radebe, dated 7 March 2018, requesting a meeting to discuss the country's energy trajectory and the update of the Integrated Energy Plan (IEP) and Integrated Resource Plan (IRP).

The South African Department of Environment, Forestry and Fisheries has appointed Tokiso Dispute Settlements Pty for three years to facilitate stakeholder engagements and mapping for national air quality priority areas declared under the National Environmental Management: Air Quality Act of 2004.

A letter from the South African Minister of Environmental Affairs notifying the Centre for Environmental Rights that, following a March 2017 High Court order, the Minister has reconsidered the appeal against the environmental authorisation for the proposed 1200MW Thabametsi coal-fired power station in Limpopo Province.

A letter dated 16 May 2017 from the law firm Bell Dewar Incorporated to the Minister of Environmental Affairs, submitting a response on behalf of ACWA Power Khanyisa Thermal Power Station (RF) (Pty) Ltd regarding a condonation application for an appeal by the Centre for Environmental Rights (CER) and groundWork.

A letter from the National Energy Regulator of South Africa (NERSA) to the Centre for Environmental Rights (CER) regarding the status of the Thabametsi and Khanyisa IPP power station projects.

This document is a legal judgement from the High Court of South Africa (North Gauteng Local Division) regarding a case brought by the Libradene Residents Association against the Minister of Mineral Resources and others. The residents sought to stop mining activities in the Libradene area, arguing that the mining was unlawful, caused significant environmental and structural damage to their properties, and violated their constitutional rights to a healthy environment and property. The court examined the validity of mining rights granted under the Minerals Act of 1991 and the subsequent Mineral and Petroleum Resources Development Act (MPRDA) of 2002, ultimately focusing on whether the mining operations complied with legal requirements and environmental regulations.

This case study details the legal challenges brought by a coalition of environmental and civil society organizations against Limpopo Coal (Pty) Ltd, a subsidiary of Coal of Africa (CoAL), regarding the establishment of the Vele colliery in Musina, Limpopo Province. The challenges span four distinct legal processes involving mining rights, environmental management programmes (EMP), water use licences (WUL), and compliance with nature reserve protections.

The case of LONDON AND SA EXPLORATION CO v ROULIOT (1890–91) affirmed that land ownership in South Africa includes a natural right to lateral support from adjoining properties. The court ruled that this right is presumed to exist in lease agreements unless explicitly waived and that landowners cannot trespass on adjacent land to remove soil under the guise of necessity, but must instead seek legal remedies such as interdicts.

The Minister of Forestry, Fisheries and the Environment of South Africa has set aside a Provisional Atmospheric Emission Licence (PAEL) issued to Thabametsi Power Company (Pty) Ltd on 14 February 2019. The decision was based on the fact that the PAEL was linked to an Environmental Authorisation (EA) for the Thabametsi Coal-Fired Power Plant, which had been set aside and declared null and void by a court agreement on 19 November 2020.

This document is an appeal decision by the Minister of Forestry, Fisheries and the Environment of South Africa regarding the refusal of an Environmental Authorisation (EA) for Karpowership SA (Pty) Ltd's proposed Gas-to-Power via Powership Project at the Port of Richards Bay. The Minister remits the matter back to the Competent Authority (CA) to address material gaps in information and procedural defects in the public participation process.

This document is an appeal decision by the Minister of Forestry, Fisheries and the Environment of South Africa regarding the refusal of an Environmental Authorisation (EA) for Karpowership SA (Pty) Ltd's proposed Gas-to-Power via Powership Project at the Port of Saldanha Bay. The Minister dismissed eight grounds of appeal raised by Karpowership and nine other appellants, upholding the finding that the application was deficient due to material gaps in environmental impact data—specifically regarding underwater noise—and procedural failures in public participation. However, rather than confirming the final refusal, the Minister remitted the matter to the Competent Authority for reconsideration, provided the identified gaps and procedural defects are addressed.

The Minister of Forestry, Fisheries and the Environment of South Africa decided to remit the appeal regarding the refused Environmental Authorisation for Karpowership's Gas-to-Power project at the Port of Ngqura back to the Competent Authority. The original refusal was based on material gaps in environmental information, particularly regarding underwater noise impacts on marine life and fisheries, and procedural defects in public participation. Despite the project's status as a Strategic Integrated Project (SIP) intended to alleviate the national energy crisis, the Minister ruled that such status does not circumvent the requirements of the National Environmental Management Act (NEMA).

This document is an appeal decision issued by the Minister of Forestry, Fisheries and the Environment of South Africa, dated May 2, 2022. The Minister dismissed a combined appeal by Nseleni Power Corporation Pty (Ltd) and Anchor Energy LNG Pty Ltd against the refusal of Environmental Authorisations (EAs) for the proposed Nseleni Independent Floating Power Plant (NIFPP) and associated infrastructure in the port of Richards Bay. The refusal was upheld based on high negative impacts on the estuarine environment, lack of required landowner consent, and inadequate pre-application monitoring of avifauna.

This case study details a Supreme Court of Appeal decision regarding the interaction between the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), the Land Use Planning Ordinance 15 of 1985 (LUPO), and the National Environmental Management Act 107 of 1998 (NEMA). The court ruled that the MPRDA does not override municipal land use regulations under LUPO, but it declined to rule on the relationship between the MPRDA and NEMA due to a technicality involving the repeal of specific listing notices.

The City of Cape Town argues that mining rights granted under the Mineral and Petroleum Resources Development Act (MPRDA) do not exempt a holder from obtaining land use authorization under the Land Use Planning Ordinance (LUPO). The City contends that municipal planning is a constitutionally reserved local government function and that the Department of Mineral Resources (DME) does not make land use decisions when granting mining permits.

This document is a letter from Eskom to the South African Department of Environmental Affairs (DEA) dated 17 July 2014. It provides additional information to support Eskom's application to postpone compliance with the Minimum Emission Standards (MES) for the Majuba Power Station.