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Summary and key findings insummary:"conflict of interest"
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PublisherCentre for Environmental Rights
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1,469 documents from Centre for Environmental Rights

  • This document is a supporting affidavit submitted by Umunyana Rugege, Executive Director of SECTION27, to the High Court of South Africa (Gauteng Division). SECTION27 seeks admission as the third amicus curiae in a legal matter involving the Endangered Wildlife Trust, the Department of Water and Sanitation, and Atha-Africa Ventures. The affidavit argues that the second respondent's attempts to discredit the appellants' attorneys (CER) are similar to past government attempts to disparage public interest NGOs, and it highlights SECTION27's history of successful litigation to demonstrate the positive impact of such organisations on South African constitutional jurisprudence.

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    Document type: Statement

    Regions: South Africa
  • The Third Respondent, Atha-Africa Ventures (Pty) Ltd, submitted heads of argument to the High Court of South Africa (Mpumalanga Division) opposing a judicial review application by several environmental NGOs. The Applicants seek to set aside a decision to rezone Portion 1 of the Farm Yzermyn 96 HT from agricultural to mining use. The Third Respondent argues that the application is a strategic attempt by the 'Green Lobby' to delay the Yzermyn coal mine and that the environmental concerns raised have already been adjudicated and dismissed by the Water Tribunal and the Pretoria High Court.

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    Document type: Briefing

  • Decree No. 9 (Environmental Conservation) of 1992 is a comprehensive legislative act for the Republic of Transkei that establishes the legal framework for protecting land, freshwater, and marine habitats. It creates the Council for the Environment and an Environmental Conservation Fund, and defines categories for protected and endangered fauna and flora. The act grants the Department of Agriculture and Forestry and the Minister broad powers to manage national wildlife reserves, fisheries, and coastal areas, while regulating hunting, fishing, and waste management.

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    Document type: Report

    Regions: Transkei
  • This case study details a legal appeal by landowners of the farm Elandskloof against a coal prospecting right granted to Trollope Mining Services 2000 (Pty) Ltd. The document highlights systemic failures in the consultation process, the inadequacy of the Environmental Management Plan (EMP), and the failure of the Department of Minerals and Energy (DME) to ensure procedural and substantive compliance with the Mineral and Petroleum Resources Development Act (MPRDA).

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    Document type: Case study

  • This briefing, sent by Eskom to the South African Department of Environmental Affairs on 17 July 2014, provides additional information regarding an application to postpone compliance with Minimum Emission Standards (MES) for the Tutuka Power Station. It outlines planned retrofits for particulate matter and nitrogen oxides, discusses ambient air quality monitoring data from the Grootdraai and Majuba stations, and addresses data gaps regarding PM2.5 health and environmental impacts.

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    Document type: Briefing

  • This document is an Atmospheric Emission License (AEL) application for the Tutuka Power Station, detailing the facility's emission sources, pollutants, and the proposed monitoring and mitigation strategies to comply with South African environmental standards.

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    Document type: Report

  • The Tutuka Power Station Annual Emissions Report for the 2015/16 financial year (1 April 2015 to 31 March 2016) details the verified emissions of pollutants and greenhouse gases, monitoring data availability, and compliance audit results for the facility.

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    Document type: Report

  • The South African Department of Environmental Affairs granted Tutuka Power Station phased postponements for compliance with minimum emission standards for particulate matter, sulphur dioxide, and nitrogen oxides, while requiring an offset programme to reduce PM pollution by March 2016.

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    Document type: Statement

  • The Tutuka Power Station Annual Emissions Report for the 2016/17 financial year (1 April 2016 to 31 March 2017) details pollutant emissions, compliance audits, and environmental complaints. The report covers emissions of particulates, SO2, NOx, and CO2, noting a specific NOx exceedance incident at Unit 4 and ongoing planning for upgrade projects including a Fabric Filter Plant retrofit.

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    Document type: Report

  • This practice note, submitted by the Voice Community Representative Council (the Twelfth Respondent) in a High Court case in South Africa, requests that the court consider the economic impact on the local community when deciding on an urgent interim interdict to prevent a mine from opening.

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    Document type: Briefing

  • The University of Cape Town (UCT) filed an affidavit seeking admission as an amicus curiae in a defamation case to argue that academic freedom, protected by the South African Constitution, should provide legal safeguards for speech in academic settings. UCT proposes that academic speech be protected by 'qualified privilege' or a 'reasonableness' standard, arguing that the pursuit of knowledge requires the freedom to discuss real-world examples and contest ideas without the threat of defamation claims. The case relates to a 2017 Environmental Humanities course that discussed controversial mining and development projects in South Africa.

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    Document type: Statement

  • This case study examines the regulatory and legal challenges surrounding the Klippan Colliery, operated by Umcebo Mining (Pty) Ltd. Despite an initial victory for civil society when the Minister of Mineral Resources upheld an appeal against the mining right in 2008, the document details ongoing concerns regarding unauthorized mining operations, failures in environmental impact assessments, and the lack of necessary water use licenses.

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    Document type: Case study

  • The United Nations Convention on the Law of the Sea is a comprehensive international agreement establishing a legal framework for the use, conservation, and management of the world's oceans and seas. It defines various maritime zones, including the territorial sea, exclusive economic zone, and the continental shelf, while establishing the International Seabed Authority to manage the 'Area' (the seabed beyond national jurisdiction) as the common heritage of mankind. The document details the rights and duties of coastal and land-locked states, rules for navigation and innocent passage, obligations for the protection of the marine environment, and mechanisms for the settlement of maritime disputes.

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    Document type: Report

  • This document provides a results summary of particulate emission monitor and air-to-gas flow correlations for Unit No. 1 at Duvha Power Station, based on February 2016 data. It confirms compliance with ISO 10155 and ESKOM standards and recommends the use of specific correlation functions for reporting emissions to authorities.

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    Document type: Report

  • This report by the Centre for Environmental Rights (CER) analyzes the accessibility of environmental information in South Africa through an assessment of 98 PAIA requests and 42 formal requests made to 17 public and 35 private bodies between July 2010 and early 2012. The findings reveal a widespread culture of avoidance, delay, and non-compliance with the Promotion of Access to Information Act, 2000 (PAIA), which the CER argues fundamentally hampers the realization of constitutional environmental rights.

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    Document type: Report

    Regions: South Africa
  • The document is a legal filing or court submission from September 2013 regarding a case involving 'VEJA v AMSA' in the South Gauteng High Court. It outlines the legal arguments and factual basis for a challenge against the South African Maritime Safety Authority (AMSA), focusing on the failure to provide adequate safety and environmental protections in the maritime sector.

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    Document type: Report

  • This case study examines the 1955 legal dispute Walker’s Fruit Farms Ltd & Another v Hopkins & Others, focusing on whether conditions of title attached to land can constrain mining activities, specifically slate quarrying in the Walkerville region.

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    Document type: Case study

    Regions: Walkerville
  • This fact sheet by the Centre for Environmental Rights details the estimated annual water-related externality costs for the Kusile coal-fired power station and argues that the Draft Integrated Resource Plan for Electricity (2016) misrepresents the total costs of coal by failing to account for these externalities.

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    Document type: Fact sheet

    Regions: South Africa
  • The Water Tribunal issued a ruling on 20 August 2010 regarding an appeal by Gideon Anderson (T/A Zonnelbloem Boedery) against a water use licence granted to Vuna Enterprises (Pty) Ltd. The Tribunal determined that the appellant lacked the legal standing (locus standi) to lodge the appeal because he had not submitted a formal written objection within a prescribed time period as required by the National Water Act (NWA).

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    Document type: Report

  • This guide, published by the Centre for Environmental Rights, provides instructions for individuals and communities in South Africa on how to identify environmental crimes committed by mining companies and the process for reporting these offences to the South African Police Service (SAPS) for criminal prosecution.

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    Regions: South Africa
Showing 1,421–1,440 of 1,469 documents