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1,469 documents from Centre for Environmental Rights
AFFIDAVIT
This affidavit, deposed by attorney Michael John Read Evans, provides a professional opinion defending the Centre for Environmental Rights (CER) against allegations of unethical conduct. Evans argues that the claim that attorneys must have no interest in the outcome of a matter is flawed and incompatible with the statutory framework for law clinics in South Africa.
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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) has requested the Minister of Mineral Resources and Energy to suspend a decision granting Mineral Sands Resources (Pty) Ltd (MSR) an amendment to its mining rights for the expansion of the Tormin Mine on the West Coast of South Africa. The CER argues that the decision was made without public participation and poses an irreparable risk to Critical Biodiversity Areas.
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Document type: Statement
NOTICE OF APPEAL IN TERMS OF SECTION 96(1) OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT, 2002
The Centre for Environmental Rights (CER) filed a notice of appeal on 21 September 2020 against a decision by the Minister of Mineral Resources and Energy (or delegated official) to grant Mineral Sands Resources (Pty) Ltd (MSR) and Tormin Mineral Sands (Pty) Ltd an amendment to their mining rights under section 102 of the Mineral and Petroleum Resources Development Act (MPRDA). The appeal seeks to set aside the amendment and suspend operations at the Tormin Mine extension, arguing that the process was used to unlawfully expand mining areas without proper public participation or consideration of the site's high biodiversity value.
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Document type: Statement
NOTICE OF APPEAL AGAINST THE DECISION TO GRANT APPLICATION FOR THE POSTPONEMENT OF COMPLIANCE TIME-FRAMES RELATING TO THE NATIONAL ENVIRONMENTAL MANAGEMENT: AIR QUALITY ACT 39 OF 2004 MINIMUM EMISSION STANDARDS (MES) UNDER REGULATION GOVERNMENT NOTICE 893, GOVEWRNMENT GAZETTE 37054, 2013 TO ARCELORMITTAL SA VANDERBIJLPARK STEEL WORKS (“AMSA”)
The Centre for Environmental Rights, acting on behalf of the Vaal Environmental Justice Alliance (VEJA) and groundWork, has filed a formal appeal to the Minister of Environment, Forestry and Fisheries against a decision to partially grant ArcelorMittal SA Vanderbijlpark Steel Works (AMSA) a postponement of compliance time-frames for Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act 39 of 2004.
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Document type: Statement
LETTER OF CONFIRMATION OF APPOINTMENT OF ATTORNEYS OF RECORD
A letter from groundWork Trust confirming the appointment of the Centre for Environmental Rights (CER) as its attorneys of record to appeal a decision regarding ArcelorMittal’s Vanderbijlpark facility.
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Document type: Statement
REQUEST FOR ACCESS TO IRP SUPPORTING RECORDS IN TERMS OF SECTION 25 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (PAIA)
The Centre for Environmental Rights (CER) sent a letter to the Department of Mineral Resources and Energy (DMRE) on 2 September 2020, disputing the adequacy of the DMRE's response to a Promotion of Access to Information Act (PAIA) request. The CER asserts that the DMRE failed to provide critical supporting records, modelling data, and cost assumptions used to develop the Integrated Resource Plan for Electricity 2019 (IRP 2019).
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Document type: Statement
OBJECTIONS TO ESKOM’S APPLICATIONS FOR ALTERNATIVE LIMITS TO THE MINIMUM EMISSION STANDARDS (MES) FOR THE MEDUPI AND MATIMBA POWER STATIONS
The Life After Coal campaign, comprising the Centre for Environmental Rights (CER), groundWork (gW), and Earthlife Africa (ELA), submitted formal objections on 28 August 2020 against Eskom's applications for alternative emission limits at the Medupi and Matimba power stations. The campaign argues that these requests are an unlawful attempt to circumvent South Africa's Minimum Emission Standards (MES) and violate constitutional rights to a healthy environment.
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Document type: Statement
SECOND RESPONDENT’S PRACTICE NOTE
This document is a practice note filed on 7 August 2020 by the legal representatives of Atha-Africa Ventures (Pty) Ltd (the Second Respondent) in the High Court of South Africa, Gauteng Division, Pretoria. It outlines the Second Respondent's position regarding a special appeal brought by the Endangered Wildlife Trust and the Federation for a Sustainable Environment against a Water Tribunal decision that confirmed the granting of a Water Use License for the Underground Yzermyn Coalmining Project.
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Document type: Briefing
WRITTEN OBJECTIONS TO ESKOM’S APPLICATION FOR A ONCE-OFF SUSPENSION OF COMPLIANCE WITH THE NEW PLANT MINIMUM EMISSION STANDARDS AND VARIATION REQUEST FOR THE GROOTVLEI POWER STATION
The Centre for Environmental Rights (CER), acting as part of the Life After Coal campaign and other environmental justice networks, submitted written objections on July 30, 2020, against Eskom's application for a once-off suspension of compliance with New Plant Minimum Emission Standards (MES) and a variation request for the Grootvlei Power Station. The CER argues that the application is procedurally invalid, lacks a detailed decommissioning schedule, and unlawfully seeks to extend polluting activities beyond the station's end-of-life, thereby violating constitutional rights to a healthy environment.
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Document type: Statement
URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER
A formal letter from the South African Water Caucus (SAWC) and affiliates to Minister Lindiwe Sisulu, President Cyril Ramaphosa, and other officials, demanding urgent provision of water tanks, reliable water supply, and sanitation packs for communities lacking access. The document highlights a failure by the Department of Water and Sanitation (DWS) to respond to previous requests and warns of legal action if a response is not provided by August 3, 2020.
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Document type: Statement
Commentary on National Treasury’s Draft Technical Paper: Financing a Sustainable Economy 2020
The Centre for Environmental Rights, on behalf of the Life After Coal campaign and 350Africa.org, provides commentary on the National Treasury's 2020 Draft Technical Paper 'Financing a Sustainable Economy'. The submission argues that the Draft Paper focuses too heavily on voluntary disclosure rather than binding commitments and fails to align with the urgency of the climate crisis or South Africa's international obligations under the Paris Agreement.
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Document type: Statement
ARCELORMITTAL SA VANDERBIJLPARK STEEL WORK (“AMSA”) MINIMUM EMISSION STANDARDS (MES) DECISION: REQUEST FOR INFORMATION AND REASONS
The Centre for Environmental Rights (CER), acting for the Vaal Environmental Justice Alliance and groundWork, has issued a formal request to the National Air Quality Officer and other authorities for the reasons and supporting documentation behind a decision to partly grant an application by ArcelorMittal South Africa (Vanderbijlpark) (AMSA). The decision relates to the suspension, alternative limits, or postponement of compliance with Minimum Emission Standards (MES) under the National Environmental Management: Air Quality Act, 2004.
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Document type: Statement
A Call for Public Health Leadership in Building a Post-COVID-19 South Africa
A letter from the Climate Energy and Health Special Interest Group of the Public Health Association of South Africa (PHASA) to the Minister of Health, urging public health leadership to ensure a just and green recovery from COVID-19 that addresses the climate crisis and transitions away from fossil fuels.
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Document type: Statement
FINAL DEADLINE EXTENSION - REQUEST FOR REASONS FOR THE AMENDMENT OF SUBCATEGORY 1.1: SOLID FUEL COMBUSTION INSTALLATIONS IN THE LISTED ACTIVITIES AND ASSOCIATED MINIMUM EMISSION STANDARDS
The Centre for Environmental Rights, representing groundWork and Earthlife Africa, has issued a final deadline of 25 June 2020 for the South African Department of Environment, Forestry and Fisheries to provide written reasons for doubling the 2020 sulphur dioxide (SO2) minimum emission standard (MES) limit for existing sub-category 1.1 solid-fuel combustion installations. The organization argues that this amendment weakens environmental protections and seeks the information to determine if High Court review proceedings are necessary.
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Document type: Statement
PRIORITY AREAS - MANAGEMENT OF MULTI-STAKEHOLDER REFERENCE GROUP MEETINGS AND IMPLEMENTATION TASK TEAM MEETINGS
A letter from the Centre for Environmental Rights (CER) to Tokiso Dispute Settlement (Pty) Ltd regarding the management of Multi-Stakeholder Reference Group (MSRG) and Implementation Task Team (ITT) meetings for air quality priority areas in South Africa.
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Document type: Statement
IN THE SUPREME COURT OF SOUTH AFRICA SCA CASE NO: 1105/2019 KZP CASE NO: 11488/17P In the matter between: GLOBAL ENVIRONMENTAL TRUST First Appellant (1st Applicant in the court a quo) MFOLOZI COMMUNITY ENVIRONMENTAL JUSTICE ORGANISATION (2nd Applicant in the court a quo) SABELO DUMISANI DLADLA Third Appellant (3rd Applicant in the court a quo) and TENDELE COAL MINING (PTY) LTD First Respondent (1st Respondent in the court a quo) MINISTER OF MINERALS AND ENERGY Second Respondent (2 nd Respondent in the court a quo) MEC: DEPARTMENT OF ECONOMIC DEVELOPMENT TOURISM AND ENVIRONMENTAL AFFAIRS Third Respondent (3rd Respondent in the court a quo) MINISTER OF ENVIRONMENTAL AFFAIRS Fourth Respondent (4th Respondent in the court a quo) MTUBATUBA MUNICIPALITY Fifth Respondent (5th Respondent in the court a quo) HLABISA MUNICIPALITY Sixth Respondent (6th Respondent in the court a quo) INGONYAMA TRUST Seventh Respondent (7th Respondent in the court a quo) EZEMVELO KZN WILDLIFE Eighth Respondent (8th Respondent in the court a quo) AMAFA EKWAZULU-NATAL HERITAGE COUNCIL Ninth Respondent (9th Respondent in the court a quo) CENTRE FOR ENVIRONMENTAL RIGHTS Amicus Curiae
This document consists of a practice note and heads of argument filed by Tendele Coal Mining (Pty) Ltd in the Supreme Court of Appeal of South Africa. Tendele is responding to an appeal by the Global Environmental Trust and others who seek an interdict to close the Somkhele Coal Mine, alleging that the mine operates without necessary environmental, land use, waste management, and heritage authorizations.
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Document type: Briefing
LIFE AFTER COAL CAMPAIGN COMMENTS ON THE DRAFT REGULATIONS AMENDING THE ELECTRICITY REGULATIONS ON NEW GENERATION CAPACITY, 2011
The Centre for Environmental Rights (CER), on behalf of the Life After Coal Campaign, submitted comments on the Draft Regulations Amending the Electricity Regulations on New Generation Capacity, 2011. The CER argues that the Draft Regulations are redundant and legally inconsistent because the Electricity Regulation Act (ERA) does not require prior Ministerial approval for municipalities to establish their own electricity capacity. The submission emphasizes the urgent need for a transition to clean energy to mitigate severe health, environmental, and climate harms caused by South Africa's coal-dependent power sector.
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Document type: Statement
URGENT REQUEST FOR PROVISION OF WATER TANKS, RELIABLE WATER SUPPLY, AND SANITATION PACKS TO COMMUNITIES WITHOUT ACCESS TO WATER
The South African Water Caucus (SAWC) issued an urgent request to Minister Lindiwe Sisulu of the Department of Human Settlements, Water and Sanitation on June 1, 2020, demanding immediate intervention for over 200 communities lacking access to water and basic sanitation during the COVID-19 pandemic.
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Document type: Statement
UPDATED EXPERT ANALYSIS OF THE AIR QUALITY IMPACTS AND HEALTH EFFECTS DUE TO THE EMISSIONS FROM ESKOM’S KENDAL POWER STATION
The Centre for Environmental Rights submitted a letter to the South African Minister of Environment, Forestry and Fisheries reporting that Eskom's Kendal power station had 2,851 particulate matter emission exceedances between April 2016 and March 2020. The letter alleges that Eskom may be improperly reporting these contraventions as 'Grace' or 'Section 30' exceedances to avoid penalties and highlights that emissions from 13 of Eskom's coal-fired plants were linked to 320 premature deaths in 2018.
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Document type: Statement
Eskom’s Kendal Power Station Exceedances of Applicable Atmospheric Emission License Limit Values for Particulate Matter from April 2016 to March 2020
A technical review by Dr. Ranajit Sahu for the Centre for Environmental Rights analyzing particulate matter (PM) emissions at Eskom’s Kendal Power Station from April 2016 to March 2020. The report finds thousands of exceedances of the Atmospheric Emission License (AEL) limit, noting a significant increase in frequency starting in April 2018 and criticizing the failure of electrostatic precipitators and the quality of Eskom's emissions reporting.
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Document type: Report