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1,469 documents from Centre for Environmental Rights
Information Disclosure & Grievance Mechanisms of the New Development Bank
The New Development Bank (NDB) has funded 9 projects in South Africa and Lesotho totaling USD 3.2 billion. While the NDB has an Environmental and Social Framework (ESF) and an Information Disclosure Policy (IDP), the document highlights a lack of transparency, noting that project applications, risk assessments, management plans, and Country Partnership Plans are not publicly available. The NDB delegates the responsibility for environmental and social assessments and grievance mechanisms to its clients, creating uncertainty regarding how the bank monitors the effectiveness and fairness of these processes.
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Document type: Executive summary
Information Disclosure & Grievance Mechanisms of the New Development Bank
This briefing paper, commissioned by Oxfam South Africa and authored by the Centre for Environmental Rights (CER), examines the information disclosure and grievance mechanisms of the New Development Bank (NDB), specifically focusing on its operations in South Africa. The document analyzes the NDB's reliance on 'country systems' for project implementation and the resulting challenges for public transparency and accountability.
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Document type: Briefing
NOTICE OF WITHDRAWAL
A legal notice filed on February 16, 2021, in the High Court of South Africa (Gauteng Division, Pretoria), stating that the Groundwork Trust has withdrawn its application (case number 32200/20) against the Minister of Mineral Resources & Energy and the National Energy Regulator of South Africa.
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Document type: Statement
OBJECTIONS TO THE 7 DECEMBER 2020 DRAFT ENVIRONMENTAL IMPACT ASSESSMENT REPORT [REVISION 01] OF THE PROPOSED MUSINA-MAKHADO SPECIAL ECONOMIC ZONE, LOCATED WITHIN THE VHEMBE DISTRICT MUNICIPALITY OF THE LIMPOPO PROVINCE
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa, and the Mining and Environmental Justice Community Network of South Africa, submitted formal objections to the Revised Draft Environmental Impact Assessment (EIA) for the proposed Musina-Makhado Special Economic Zone (EMSEZ). The CER argues that the EIA is fatally flawed due to procedural unfairness, inadequate public participation, and significant gaps in specialist studies regarding climate change, water scarcity, air quality, and human health. The document asserts that the project's high negative environmental impacts likely outweigh its projected socio-economic benefits and that an environmental authorisation should be denied.
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Document type: Statement
Featherbrooke Homeowners Association NPC v Mogale City Local Municipality & Others (25 January 2021)
A summary of the High Court judgment in Featherbrooke Homeowners Association NPC v Mogale City Local Municipality & Others, where the court found that state entities failed in their duty to manage stormwater, infringing on the constitutional right to a healthy and safe environment.
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Document type: Case study
Mining faces an historic reckoning: the time is now for leaders with courage to step up
A statement by Melissa Fourie of the Centre for Environmental Rights arguing that the mining industry must undergo a radical reconceptualisation to address human rights abuses, environmental destruction, and the urgent need to reduce coal use to limit global warming.
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Document type: Statement
SUBMISSIONS ON THE THE PROPOSED AMENDMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, LISTING NOTICE 1, LISTING NOTICE 2 AND LISTING NOTICE 3 OF THE ENVIRONMENTAL IMPACT ASSESSMENT REGULATIONS, 2014 FOR ACTIVITIES IDENTIFIED IN TERMS OF SECTION 24(2) AND 24D OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998
The Centre for Environmental Rights (CER) submitted comments on proposed amendments to South Africa's 2014 Environmental Impact Assessment Regulations. In its covering letter, the CER criticizes the lack of an explanatory memorandum, warns against a 'piecemeal approach' to environmental regulation that creates legal uncertainty, and calls for more robust, participatory consultation and further engagement with affected parties before the amendments are finalized.
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Document type: Statement
FILING NOTICE
This filing notice and updated practice note, submitted by the Centre for Environmental Rights (CER) on December 8, 2020, outlines an appeal in the High Court of South Africa (Gauteng Division, Pretoria). The appeal challenges a Water Tribunal decision that dismissed a previous appeal against the granting of a water use licence (WUL) to Atha-Africa Ventures (Pty) Ltd by the Department of Water and Sanitation.
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Document type: Briefing
CENTRE FOR ENVIRONMENTAL RIGHTS’ APPEAL IN TERMS OF SECTION 96(1) OF THE MPRDA / MINISTER OF MINERAL RESOURCES AND ENERGY / DMRE / MINERAL SANDS RESOURCES (PTY) LTD AND TORMIN MINERAL SANDS (PTY) LTD / REQUEST FOR RECORD OF THE DECISION MADE IN TERMS OF SECTION 102 OF THE MPRDA TO EXTEND MINING OPERATIONS AT THE TORMIN MINE ON THE WEST COAST
A formal request from the law firm Webber Wentzel, acting for the Centre for Environmental Rights (CER), to the Department of Mineral Resources and Energy (DMRE) for the urgent delivery of the Record of Decision (ROD) regarding an appeal to extend mining operations at the Tormin mine.
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Document type: Statement
TRUSTEES FOR THE TIME BEING OF THE GROUNDWORK TRUST / THE MINISTER OF MINERAL RESOURCES & ENERGY AND NERSA (CASE NO 32200/20)
A letter from the Centre for Environmental Rights (CER) proposing a settlement to withdraw a legal application brought by the Trustees for the Time Being of the GroundWork Trust against the Minister of Mineral Resources & Energy and NERSA regarding the Integrated Resource Plan for Electricity, 2019 (IRP).
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Document type: Statement
Case Management Meeting Minutes - The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others (NGHC case no. 39724/19)
This document contains the minutes of a virtual case management meeting held on 3 November 2020 regarding the legal matter 'The Trustees for the Time Being of GroundWork Trust and Another v The Minister of Environmental Affairs & Four Others' (NGHC case no. 39724/19). The minutes, submitted by the Centre for Environmental Rights to the Registrar of the High Court of South Africa, outline the agreed-upon legal timetable and the admission of an amicus curiae.
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Document type: Statement
ESKOM’S INTENDED APPLICATIONS FOR EXEMPTION FROM COMPLIANCE WITH THE MINIMUM EMISSION STANDARDS UNDER THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004
A statement from the Life After Coal campaign (LAC) to the South African Minister of Environment, Forestry and Fisheries, objecting to Eskom's attempts to seek exemptions from the Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
DETERMINATION FOR NEW GENERATION CAPACITY FROM RENEWABLES, STORAGE, GAS AND COAL IN TERMS OF SECTION 34 ELECTRICITY REGULATION ACT 2006
The Centre for Environmental Rights (CER), acting for groundWork, sent a formal letter to the National Energy Regulator of South Africa (NERSA) on 30 October 2020. The letter requests detailed reasons and evidence for NERSA's decision to concur with a determination to procure 3,000 MW of gas and 1,500 MW of coal generation capacity between 2023 and 2027, as outlined in the Integrated Resource Plan for Electricity 2019–2030 (IRP 2019).
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Document type: Statement
The killing of Somkhele environmental activist Fikile Ntshangase: A joint statement
A joint statement by several human rights and environmental organizations condemning the murder of Fikile Ntshangase, a leader in the Mfolozi Community Environmental Justice Organisation (MCEJO) who opposed the expansion of a Tendele Coal Mining (Pty) Ltd mine in KwaZulu-Natal.
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Document type: Statement
OBJECTIONS TO THE DRAFT ENVIRONMETAL IMPACT ASSESSMENT REPORT OF THE PROPOSED MUSINA-MAKHADO SPECIAL ECONOMIC ZONE, LOCATED WITHIN THE VHEMBE DISTRICT MUNICIPALITY OF THE LIMPOPO PROVINCE
The Centre for Environmental Rights (CER), representing groundWork, Earthlife Africa (ELA), and MEJCON-SA, submitted formal objections on 22 October 2020 to the Draft Environmental Impact Assessment Report (DEIR) for the proposed Musina-Makhado Special Economic Zone (MMSEZ), also known as the Energy Metallurgical Special Economic Zone (EMSEZ). The CER argues that the project's negative environmental and social impacts far outweigh its potential benefits and that the environmental authorisation (EA) should be refused due to severe flaws in the assessment process, conflict of interest in the decision-making authority, and significant threats to climate, water, and health.
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Document type: Statement
REQUEST FOR SUSPENSION OF THE DECISION OF THE MINISTER OF MINERAL RESOURCES AND ENERGY, OR A DELEGEE, TO GRANT AN AMENDMENT OF MINING RIGHT(S) IN RESPECT OF THE TORMIN MINE ON THE WEST COAST IN TERMS OF SECTION 102 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT
A letter from Shepstone & Wylie to the Minister of Mineral Resources and Energy requesting the finalization of a decision regarding a suspension application for the Tormin Mine, arguing that an appeal by the Centre for Environmental Rights (CER) is invalid due to non-compliance with Regulation 74.
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Document type: Statement
REQUEST FOR SUSPENSION OF THE DECISION OF THE MINISTER OF MINERAL RESOURCES AND ENERGY, OR A DELEGEE, TO GRANT AN AMENDMENT OF MINING RIGHT(S) IN RESPECT OF THE TORMIN MINE ON THE WEST COAST IN TERMS OF SECTION 102 OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT
The Centre for Environmental Rights (CER) is requesting that the Minister of Mineral Resources and Energy delay a decision on a suspension application regarding the Tormin Mine. This request follows a reply from the mining right holders who argue that the CER's internal appeal is defective due to non-compliance with amended MPRDA regulations.
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Document type: Statement
National Council of Societies for the Prevention of Cruelty to Animals v Al Mawashi (Pty) Ltd and Others (15 October 2020)
This document is a case study of a High Court judgment from the Eastern Cape Division, Grahamstown, regarding an application by the National Council of Societies for the Prevention of Cruelty to Animals (NCSPCA) to interdict the transport of live sheep by sea north of the equator.
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Document type: Case study
REQUEST FOR WRITTEN REASONS: MINISTERIAL DETERMINATION ON THE PROCUREMENT OF NEW GENERATION CAPACITY FROM RENEWABLES, STORAGE, GAS AND COAL
The Centre for Environmental Rights, acting on behalf of groundWork, has submitted a formal request to the South African Minister of Mineral Resources and Energy for written reasons regarding a Ministerial determination published on 25 September 2020. The determination outlines the procurement of new generation capacity from renewables, storage, gas, and coal based on the Integrated Resource Plan for Electricity 2019–2030 (IRP 2019). The request specifically challenges the inclusion of new fossil fuel capacity and seeks justification for the timing and scale of these allocations.
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Document type: Statement
NOTICE OF APPEAL AGAINST THE DECISION TO GRANT POSTPONEMENT OF COMPLIANCE TIMEFRAMES IN TERMS OF THE NATIONAL ENVIRONMENTAL MANAGEMENT AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS TO ARCELORMITTAL SOUTH AFRICA (PTY) LTD VANDERBIJLPARK
A legal notice from MacRobert Inc, acting on behalf of ArcelorMittal South Africa (Pty) Ltd (AMSA), addressed to the Minister of Environment, Forestry and Fisheries regarding an appeal filed by the Centre for Environmental Rights. The notice argues that the appeal against the postponement of compliance timeframes for Minimum Emission Standards at the Vanderbijlpark facility was submitted late and is therefore invalid unless condonation is granted.
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Document type: Statement