The proposed Thabametsi IPP
Earthlife Africa Johannesburg v Department of Environmental Affairs, Thabametsi Power Project (Pty) Ltd and others
In this matter, the High Court set aside the decision by the Minister of Environmental Affairs to uphold an appeal against the decision of the Department of Environmental Affairs to grant environmental authorisation for the proposed Thabametsi coal-fired power station on account that the Minister failed to take into account the climate change impacts of the proposed coal-fired power station.
Legal challenges to other authorisations required by the Thabametsi Power Station are also included below.
Internal appeal
- Environmental authorisation (25 February 2015)
- Appeal of the authorisation by Earthlife Africa Johannesburg and Annexure A (11 May 2015)
- Thabametsi’s Responding Statement (Part 1 and Part 2) (10 June 2015)
- Appellant’s Answering Statement (see also the covering letter) (13 July 2016)
- The Minister’s Appeal Decision (7 March 2016)
- Correspondence between the CER, the Minister and Thabametsi’s attorneys Gunn Attorneys regarding the Appeal Decision
- CER letter to the Minister of Environmental Affairs (23 March 2016)
- Appeal Director’s response (24 March 2016)
- CER letter to Gunn Attorneys (23 March 2016)
- Response from Gunn Attorneys (8 April 2016)
- CER letter to the Minister (20 April 2016)
- Appeal Director’s response (20 April 2016)
Court proceedings – Thabametsi I
- Notice of motion
- Founding Affidavit: Parts 1, 2, 3, 4 and 5
- Notice in terms of Rule 16A
- Notice joining Thabametsi Power Company (Pty) Limited to proceedings
- Supplementary affidavit
- First Second and Third Respondents’ Answering Affidavit
- Fifth Respondent’s Answering Affidavit: Part 1 and Part 2
- Replying Affidavit
- Supplementary Affidavit by Nicole Loser and Annexures: Part 1 and Part 2
- Supplementary Answering Affidavit by the First to Third Respondents
- Supplementary Answering Affidavit by the Fifth Respondent
- Applicant’s Heads of Argument
- First to Third Respondents’ Heads of Argument
- Fifth Respondent’s Heads of Argument
- Order
- Judgment
Minister decision of 2018
- The Notification Letter of 30 January 2018
- The Minister’s Decision of 30 January 2018
- “Peer Review of the Climate Change Study for the Proposed Thabametsi Coal Fired Power Station” by EOH Coastal and Environmental Services, December 2017.
- CER Letter to Thabametsi Power Company (Pty) Ltd (7 February 2018)
- CER Letter to PCEA re Thabametsi (16 February 2018)
- CER Letter to NERSA (16 February 2018)
- CER Letter to IPP Office (19 February 2018)
Court proceedings – Thabametsi II
- Notice of Motion
- Notice in terms of Rule 16 A
- Founding Affidavit (without annexures)
- Notice in terms of Rule 30A
- Application to Compel: Notice of Motion , Founding Affidavit and Supplementary Affidavit
- Supplementary Founding Affidavit with Annexures
- Notice of Intention to Oppose
- Answering Affidavit with Annexures
- Replying Affidavit
- Expert Affidavit with Annexures
- Order of Court (19 November 2020)
Appeal of Provisional Air Emission Licence (PAEL) issued to Thabametsi Power Company (Pty) Ltd
- Cover Letter – Appeal of PAEL issued to Thabametsi (30 October 2019)
- Annexure A – Grounds of Appeal (30 October 2019)
- Annexure A6 – Expert Report of Dr Sahu (30 October 2019)
- Appeal Decision (12 April 2021)