Vaal Environmental Justice Alliance (VEJA) with the community discuss Air Quality, Waste Management in Bophelong by Skhumbuzo Tyani

Community members in Bophelong Extension protesting against the gas incident that occurred on 21 March 2017, caused by the Air Product Company

On 21 March 2017—Human Rights Day in South Africa—a gas incident occurred in Bophelong that left community members suffocating and struggling to breathe. The incident was not well monitored. According to a community member, at mid-morning on 21 March he was travelling from his house to the Community Centre when he smelled strong chemicals blowing from the industrial side of the township towards the community. People asked what was smelling so bad and where was it coming from. They closed their doors and windows to hide from the strong smell of chemicals. People tried to call their councillors but they were all attending the Human Rights Day celebrations in Sharpeville. This meant that none of the inspectors from the Environmental Management section within the Emfuleni Municipality attended to the incident on the day, because they and the Air Quality Officer were not at work.

The Bophelong Community blocks the road to the N1 on 22 March 2017

Despite not being able to exercise proper channels of protest, the community of Bophelong protested against the gas incident, believing that senior officials within the municipality would respond to their requests for help. It took three hours of blocking the strategic road that connects Vanderbijlpark with the N1 before the police arrived and tried to disperse the protestors. Then a senior political member of the municipality arrived to address the community. He promised to attend to the matter urgently and said that a response would be forthcoming in two weeks’ time. It is now one month later and there has been no response from the municipality. The Bophelong community has approached the Vaal Environmental Justice Alliance (VEJA), asking it to intervene on this Air Quality issue.

The VEJA workshop for the community of Bophelong, on the issues of Air Quality, Waste Management and Climate Change

A VEJA workshop was held on 20 April 2017 at the Community Centre in Movhango Extension, Bophelong. The workshop was well attended by most of the people who had protested against the gas incident, many of whom were youth and women. VEJA presented a history of Air Quality in the Vaal Triangle since the start of democracy. The Vaal Triangle is a highly industrialised area with a coal fired power station and many small industries, as well as providing a base for much of South Africa’s steel and petrochemical industries. The Vaal Triangle Air Priority Area (VTAPA) was declared the first priority area in South Africa, due to the high levels of pollution in the area, especially Particulate Matter (PM10 and PM2.5) and other pollutants. The Vaal Triangle Air Shed received attention in the a Government Gazette in 2004, and in 2006 it was declared a priority area. The VTAPA Air Quality Management Plan (AQMP) was developed by our government but has not been fully implemented. The main objective of the AQMP for the Vaal Triangle Air Priority Area was to reduce air pollution. It is critical for big industries, especially, to share information and reduce their emissions, according to the vision of the AQMP. Nevertheless, Air Quality in the Vaal Triangle has not improved, up to the present. The AQMP plan is meant to ensure that, once implemented, the air quality in the area will effectively and efficiently be brought to acceptable levels within the standards for emissions.

Illegal Dumping—domestic waste ends up everywhere in townships

VEJA, together with the community of Bophelong, discussed ways and means of improving the situation regarding waste management. Simple living is all about slowing down, enjoying life and foregoing consumerism; a perfect match for caring for the environment. So we need to practice ‘RRR’:

•                     1.         REDUCE: Buying what you need/choose products with minimal or bio-                             degradable packaging.

•                     2.         REUSE: Repair; Refill; Compost to produce good fertilizers.

•                     3.         RECYCLE: Sort waste at home or school so that only waste that cannot be                       recycled ends up in landfill.

The way forward: the community stated that it needs a committee and one representative to communicate with VEJA. The meeting nominated an individual who is expected to organise the next meeting. The next meeting will plan possible activities that can be done jointly, and will negotiate a date for a workshop to be attended by the Department of Environmental Affairs (DEA) and the Air Product Company—to give a presentation to the community about Air Quality issues and how to participate in the VTAPA processes, including reporting on incidents.

All meetings must make use of an Attendance Register, which will be kept as a record of interested community members, for invitations to future meetings and workshops. VEJA will ensure that the gas incident is discussed at the Implementation Task Team (ITT) meeting for Air Quality, and will communicate with Environmental Management Inspectors (EMIs) from the Emfuleni Municipality. VEJA mentioned that for the past two years Sedibeng have not appointed a new Air Quality Officer. However, we now know that someone has been appointed, as from 01 April 2017.

Breaking News

Today the sevens of February 2017 Rietspruit Water Forum met and different water quality report where present to stakeholder by Emfuleni Municipality, Rand Water, Gauteng Department of Agriculture Rural Development, as usual big corporations and mining companies that continued to pollute VAAL River failed to pitch and present their water report as their the biggest user at the Vaal River System.

Department of water and sanitation show little concern of how Vaal River is being polluted by local municipalities failed water treatment works, and the reports show that there is no improvement in rivers and streams such as E.cole and Phosphate, these means that the Vaal River is highly polluted and these is putting millions of people that use Vaal River at risk.
Department of water and sanitation is under pressure from civil society and community activist, officials explained that the situation is unacceptable and steps needed to be taken but the is no clear plan as how to rectify the situation on the ground as how sewage is spilling from all side of the Vaal Triangle and lack of enforcement has created the lawlessness and every one can pollute water resources without any punishment.

If Rietspruit and other catchment water forums need to be successful,  there is a need for  the DWS to take action and win confident of civil society to make sure that polluters  are been dealt with especially big corporations and failing sewage infrastructure  in the Vaal Triangle and South Africa as a whole.

Stoping Polluters from Complying - Submission presented to the Portfolio Committee on Water and Environmental Affairs

Ms Tyhileka Madubela

Coordinator: Portfolio Committee on Water & Environmental Affairs 
Committee Section 
Parliament of RSA 
PO Box 15 
Cape Town 
8000

By email: tmadubela@parliament.gov.za

 11 April 2013

 Dear Advocate de Lange

 THE POTENTIAL OR UNINTENDED CONSEQUENCES OF THE PROPOSED AMENDMENTS TO THE LISTED ACTIVITIVES 

1.    I hereby make submissions regarding the proposed draft amendments to the National Environmental Management: Air Quality Act, 2004 (Air Quality Act) section 21 list of activities which result in atmospheric emissions which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage (listed activities). I make these submissions in my capacity as a resident of Zamdela in Sasolburg. 

2.    Zamdela forms part of the highly industrialised Vaal Triangle Airshed Priority Area (VTAPA). There are many contributors to the extremely poor air quality in the area. Sasolburg is part of an industrial complex in Free State and is a major centre for the chemical industry. Zamdela is one of the areas that is faced with high sulphur dioxide emissions and fine particulate matter concentrations experienced in many urban areas due to household activities, as well as industrial and power generation sectors.

3.    But there is one main industry that contributes largely to atmospheric emissions -Sasol Chemical Industry. For over 50 years, communities in Zamdela,Sasolburg, has been bearing the brunt of pollution - mainly from Sasol Chemical Industry and other surrounding industries.  

4.    Industry brought jobs and growth to Sasolburg. People were unaware of the dangerous impacts of exposure to hazardous chemicals, flares burning night and day, air pollution and strong odours.  People were made to choose between short term survival in the form of employment by industry, and long term environmental and health damage. Government sees industrial pollution as a necessary evil for the sake of economic development. 

5.    For many years, air quality management remained on the back-burner of environmental policies, mainly because air pollution is not always visible and not restricted by geographical boundaries. 

6.    Communities and individuals saw the need to act against Sasol. With the assistance of groundWork, a committee called the Sasolburg Air Quality Monitoring Committee was established. The Committee’s focus was on monitoring air quality, engagement with both Government and industries, mobilisation and organising of communities, and raising awareness about the environmental injustices and environmental health concerns due to this industrial pollution. 

7.    Zamdela communities made submissions before Parliament during the Air Quality Act hearings. These inputs paid off because the Vaal Triangle Airshed was the first area to be declared a priority area in South Africa. This meant that there was recognition that the air we breathe is not conducive to human health and wellbeing. 

8.    The Air Quality Act sets out to protect and enhance air quality in South Africa and to secure ecologically sustainable development through reasonable air pollution prevention measures. This can be achieved through the development of air quality management plans and by involving all spheres of government and the public sector.

9.    The Air Quality Act’s objectives do not need any translation – it aims to protect the environment by providing reasonable measures for the protection and enhancement of the quality of air in the Republic. The Air Quality Act is supposed to give effect to section 24(b) of the Constitution in order to enhance the quality of ambient air for the sake of securing an environment and well-being of people. The viability of the new air quality approach will however depend on effective and timely capacity building at all tiers of government and within the private sector.

10. To achieve the objective of the Air Quality Act and to control the atmospheric emissions of these industries, Government should set section 21 emissions standards based on the scientifically researched levels of impact of these pollutants. Listed activities can be detrimental to health and require an atmospheric emission licence (AEL). The AEL must require that an industry report all its air pollution sources. Government must build the capacity of the local air quality officers so that municipalities only grant AELs if the applicant industry can prove that they can comply with the requirements as set out in the Air Quality Act. Government should not be lenient when they grant these AELs, and industries should be compelled to compile comprehensive emission inventories for the entire site where a listed activity will be conducted.

11. Our main concern with air pollution is the amount of pollution that eventually reaches ground level, where it is then inhaled by humans. There are number of people already suffering from respiratory illnesses such as asthma, cancer and other health problems associated with the inhalation of polluted air. Many people in Zamdela are suffering from irritation of their eyes, noses and throats. These pollutants comprise various compounds such as sulphur dioxide, oxides of nitrogen, carbon monoxide, benzene, ozone and dust.

12. Although Sasol has been publicising that they have spent much money reducing incidents and emissions, the community in Zamdela - located in the zone that is westerly-downwind of the heavy industry, where residents live with the constant ll of a variety of chemical pollutants released both by normal production and by periodic incidents - can tell a different story. 

13. Industries such as Sasol have blamed high atmospheric emissions on communities for burning coal in winter for cooking, but also for space heating and to provide light. In the Vaal Triangle, it was found that coal burning contributes on averages 37% to the atmospheric particulate load, rising to 65% in winter (Engelbrecht). The coarser particulate matter (PM₁₀) emissions have been exceeded in Sasolburg; this has been proven by Government’s monitoring station that has been placed in Zamdela. It has been acknowledged by the Department of Environmental Affairs that these particles are not only as a result of coal burning in the area, but industries’ activities exacerbate the increase of PM₁₀. If industries are let off the hook, this will also spoil the intention of the declaration of the VTAPA - to effectively and efficiently bring the air quality into sustainable compliance with National Ambient Air Quality Standards. 

14. The first step in air quality management is to determine the quality of air i.e. its fitness for human consumption. In 2009, the Department of Environmental Affairs  

15. published the State of Air Report 2005 for South Africa with the purpose of providing insight into the sources of emission and the associated human health, welfare, and broader environmental effects. The report sets out to identify significant sources, pollutants and areas of impact in combination with existing air quality management practices. Monitoring of air pollution is still restricted to a few criteria pollutants with little information on ozone and benzene. The available data did, however, flag sulphur dioxide and fine particulates as the main pollutants of concern in Zamdela. These are primarily a result of household fuel-burning, industrial operations, vehicles and power generation.
Managing this industrial pollution and understanding the significance of its contribution to health and environment will help to achieve the necessary emissions reductions.   

16. But the challenges are in the  absence of a system for regularly reviewing and, where necessary, revising registration certificate and AEL conditions in line with best practice, and the absence of coherent and routine monitoring - by both government and businesses - to assess compliance with registration certificate and AEL conditions

17. Due to the need to manage air quality to within acceptable limits, the relevant air quality officer may require the licence-holder to appoint an emission control officer to: introduce cleaner production technologies; ensure compliance with licence conditions and report non-compliance promptly. These officers must be appointed - the bottom line is that we need someone to ‘do their homework’ with regard to understanding their emissions and associated impacts, and to consider cleaner production technologies and practices for the industry to continue operating in the long term.

18. In conclusion, to date, communities have not yet realised the good intention of declaring the VTAPA as a pollution hotspot. We have not yet enjoyed the realisation of the objectives of the Air Quality Act.

19. The public has been promised protection from impacts on our health and wellbeing due to air pollution, including odour, dust and noise.  We hope that the Government will honour that promise by not being lenient to profit-making industries, and will realise that industries have no any other motives than making profit by continuing to pollute and not wanting to change their technologies. 

20. If section 21 standards are weakened, communities in Zamdela and other areas will have to breathe air that is even more dangerous to their health than the current situation.

21. In these circumstances, I strongly object to the draft amendments to the listed activities.

Yours sincerely

Caroline Ntaopane

Zamdela resident

BRICS from Below – For Social, Environmental and Economic Development

BRICS from Below – For Social, Environmental and Economic Development

South Africa is one of the emerging countries of the future. It received a privilege to be the first African country to host the Fifth Brics Summit on the 26-27 March 2013. Alternative to the Hegemonic Summit, South African Civil Society led by groundwork, Centre for Civil Society and South Durban Community Environmental Alliance to scrutinise claims and the process. Many people have heard about BRICS about we cannot begin to relate this process with our daily struggles. People asked themselves the following questions:

-          Does South Africa match up with Brazil, Russia, India and China Economic? We can make the generalisations from the study that was conduct by Trade Law Centre and the National Agricultural Marketing Council that South Africa does not measure up in terms of economic size, also it does not measure up in terms of trade levels and its performance has been below that of the other members. South Africa has a significant smaller economy than BRICs, with a GDP around one quarter of the India and Russian economies.

-          What does BRICS mean for the people

-          What is in the agenda

We know that many countries sees the alliance as an opportunity to enhance  cooperation with other developing or developed countries, playing a significant role in the economic and social development of the region. It is important for countries to assist each but we want to move away from the hegemony leadership. South African protagonist invasion brings only destruction because it does not service the need s of the people and the African continent has been overwhelmed by Bric corporations using South Africa as a gate way.

In this democratically South Africa there are people who don’t access to housing and have denied the right to access land, there is also a price on the air we breathe. We have people don’t have access to proper water and sanitation. Behind closed doors leader are not discussion how to distribute wealth equally but how to make other countries richer and make more profit.  Somebody must make them understand that all is not well. We have voted so that they must start negotiating on our fate. We refuse this democracy of being represented, we want to be there. 

 We must find a way to organise and mobilise. We must come out without fear and we must have a strategy. We must arise and come with the alternatives. Do we choose life of Profit? Profit can only determine how life is destroyed and live can determine how profit is made. We want economy that is inclusive and we want justice for all.  We must say no to the greed of BRICS and Betrayal. The power belongs to us. Brics paid little attention to environment, job creation, poverty reduction, poor infrastructure, climate change, how to stop mining from lotting mineral resources, energy and the local resource of water that has been destroyed both in terms of quality and quantity because of mining activities. 


Caroline Ntaopane leading March during BRICS

We have been talking up to a point where some people frustrations lead into taking matters into the own hand. People are still fighting to be recognition and fighting to belong and be part of decision making. When we say no to unsuitable development, when we say no to land degradation, when we say no to toxic chemical that affects our water and our air, our government is saying we don’t understand the benefit and we are ignorant. People can no longer make a distinction between democracy and democracy.

Breathing Raw Sewage

Breathing Raw Sewage
Sebokeng Hostels is situated in the South of Johannesburg in the Vaal Triangle.  This area is well known for rent by court in 1983 that lead into to Vaal uprising in 1984. Sebokeng Hostel used to host the immigrant worker who is working in the factories in the Vaal Triangle.  The hostel is under the control of the Emfulweni Local Municipality.

Today the area has been turned into the family Unit, many immigrant workers fetched their families to come and stay with them.  Because overcrowded, there are lots of people staying there now. There are eight people staying in one unit sometimes even more. Some people build shacks outside the unit and have increase capacity of water usage and sanitation.  Beside the problem of the area being over crowded the infrastructure in that area is very old and not maintained.

There is open storm water drainage, when the sewage pipes bust it goes straight into this drainage water storm drainage and it goes into Rietspruit River and Vaal River. The people staying next open water drainage has been complaining about being exposing to the unpleasant smells. People have been complaining about stomach problem from drinking water, because the water pipe and sewer system are combined.  There are cases whereby people when they open their pumps in the houses what comes out is sewage.

What is the Health Problem Associated with the Raw Sewage?

The health hazards of inhaling the smell of raw sewage are not likely an immediate threat but contact with contaminants and bacteria is a cause of illness. Particles of raw sewage are able to become airborne, however, and inhalation of these particles causes adverse health effects such as gastrointestinal discomfort, diarrhea, nausea and vomiting. Raw sewage poses the biggest threat to public health when it enters the water supply, where it is diluted and spread much wider than where it originated. While boiling water before consuming it minimizes the risk of waterborne illness, there is a high risk of potentially deadly diseases such as cholera and dysentery from drinking water contaminated with raw sewage.

This water goes straight into Vaal River

Water and Sewage
Sewage can also kill fish, if it enters a waterway, and it can pose health risks to other animals. Sewage spills may also lead to algae blooms, as organisms feed on the sewage and reproduce in large numbers. Once sewage enters a waterway or the groundwater, getting rid of it can be a very costly endeavour.

Who is responsible?

Sewer and drinking water in Emfulweni it is the responsibility if Metsi –a-Lekoa, if there is a spillage metsi-a – lekoa has to be notified. Samson Mokoena and VEJA monitor Dudu Diphoka visited the area after and they have witness the spillages, communities says that the spillages has been taking place for three days and now they tired of calling the municipality, the response they are getting is that there is no funds and the people are also contribute to the problem.

What are the recommendations?

In the last meeting of the Rietspruit water catchment Forum, Department of the Water Affairs promised to go and investigate the problem, the municipality must also invest on installing new infrastructure. But it going to take long time before the situation can be resolve. People cannot continue living the way they living. That area is chaotic, it need to be rehabilitated as soon as possible. Samson Mokoena who went there came back very worry about the kids growing up in that area. He also said there is no need for local municipality to refuse to clean up the area; clearly the lives of the people are at risk.Monitors an youth in that area will take an action against this issue in the month of July. It will go to the community, write memo's to the responsible authorities.

No transparency ! No transpancy

Accessing Information through Promotion of Access on Information Act

Vaal Environmental Justice Alliance received training from South African History Archives about PAIA and how to use this legislation to access environmental and other information. Since December 2011, VEJA has been working with the Centre for Environmental Right(CER)  to request access to information from Sasol Chemical Industry, Natref, Ominia, Anglo Coal: Thermai Coal, ArcelorMittal, as well as various government department. 

We, the affected community, living in highly industrial area, and the water we are drink and air we breath are highly toxic. We have every right to have access to information so that we able to protect our constitutional right to a healthy environment and participate meaningfuly as interested  and affected parties.

What is Promotion of Access on Information Act and its Purpose

The purpose of the Act is to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. The Bill of Right is the cornerstone of South Africa democracy and section 32 contains the right.  The information tha  VEJA requests is to exercise or protect environmental rights, but also impacts on human dignity and social rights. 

The Promotion of Access to Information Act was promulgated in 2000, amongst other things was to 

- foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information;

- actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights.

PAIA provides that access to information must be granted, unless there is a valid ground in PAIA to refuse such access,. If a requestis refused, adequate reasons must be provided for the refusal, including the provions of PAIA relied upon. If a requester wants to challenge the decision of a private body to refuse access to documents, court proceedings must be lodged within 180 days of the refusal. In the case of a decision of a public body ( such as a government department), PAIA makes procedure for an internalappeal to be lodged before court proceedings are launched.

So far, On behalf of VEJA, the CER submitted several applications to the companies set out below:

1. Environmental Master plan and related documents, and numerous documents related to its Vaal Dump site: to ArcelorMittal;

2. Water use license ( and any pending applications),as well as water monitoing results: to Sasol; Natref; and Omnia; and 

3. Mining right and permit/license( and any pending appliactions); the current approvedEnvironmental Management Programme( EMPR); all compliance reports submitted to the Departmentof Mineral Resources ( DMR) in terms of the EMPR from date of issue to date; the quatum and method of approved financial provision for rehabilitation; the water use licence( and any pending applications ) and water monitoring results submitted to the Department of Water Affairs( DWA) in terms of the water use license from date of issue to date: Anglo New Vaal Colliery.

These and other revalent documets were also also requested from the relevanjt government departments.

1. Environmental Master Plan and illegal Vaal Dump site 

Access to all of this information was denied by ArcelorMittal. ArcelorMittal. In about 1996 , following extensive pollution by the steel-making industry, Iscor ( as it then was) presented the Department of Water Affairs & Forestry( DWAF- as it then was) with a 10 year" Strategic Water Management Pla". This plan was appareantly subject to a gap analysis and the outcome of the analysis provided the basis on which the Environmental Master Plan was formulated by Mittal to address its environmental issues and the serious pollution in the area. Studies for the Master Plan were initiated in July 2000. Over the years, the Master Plan has been has been a crucial document during Iscor's/ArcelorMittal'S negotiations with DWAF/DWA nad in license appliacations.

The DWA refused VEJA access to the Master Plan on the bases that: it was neither the originator , nor the custodian of the information requested. The Gauteng Department of Agriculture  and Rural Development( GDARD) has refusedto give VEJA any documents relating to the Vaal Dump site because they say that the discloure of the records could prejudice the future supply of similar information, or infomation fromthe same source; and it is in the public interest that such information continue to be supplied.

For various reasons, VEJA and CER take the view that thse departments cannot rely on these grounds for refusal. Internal appeals have been submitted in relation to both the DWA and GDARD refusals. Although the time period in PAIA for providing responses to the internal appeals has expired, no response has yet been received, GDARD has indicated that the MEC has yet considered the internal appeal, and that VEJA and CER will be advised as soon as the MEC has done so.

Sasol Infrachen, Natref, Omnia and Anglo Coal New Vaal Colliery

VEJA and CER also used the PAIA to request documents from these companies that forms Leei-Taaibochspruit  Catchment Management Forum (LTF) in the northern Free State Province. As set out above, the documents that were requested were water use licences( and pending applications), as well as water monitorng results. 

In realtion to Anglo, various other documents were requested, as there is currently an envieonmental authorisation process underway in relation to the Lethabo power station. In this regard, a PAIA application was also made to the DMR. It has also only provided certain of the information requested, but failed to provide reansons for the refusal to provide other documents. The CER in regular contact with the DMR in this regard, and VEJA intends to launch an internal appeal

The requestas relating to water use licences and water monitoring results were prompted by the experience of VEJA's water team in participatingin the LTF- it found out that all these big companies in the catchment were not reporting their water effluent results to the stakeholders at the forum level. Although the results were sent to DWA, it was not making them available to the stakeholders.

CER and VEJA mae the request in April 2012, and ( apart from Anglo which made its water use lincence and mining right available), these companies responded with letters requesting meetings with VEJA and CER before they would make documents available. In early May 2012, VEJA and CER met with Anglo; on the 10th May 2012, we met with Saspl, and with Natref on the 30th May 2012. Following the meeting with Anglo, it refused to make any other documents available, claiming that they needed tp protect commercial information of a third party and a private body. Sasol and Natref provided 4 months of water monitoring results, copies of water permits and exemptions in terms of the old Water Act, 1956, as well as some detail relating to its pending applications for a water use licence. Omnia refused access to information on the same basis as Anglo. CER has sent follow-up letters with various queries to all of these companies.

In response to the PAIA application to it, the DWA only provided a copy of the Omnia water use licence and indicated that the other licences were still pending. VEJA's water team asked the DWA why the other water use licences were still pending, and has not been provided with a satisficatory response.

CER has written to the DWA with varoius queries, including a request for copies of the applications for water use licenses. Should this information not be provided, VEJA intends to launch an internal appeal.

In the letters to Sasol, Natref and the DWA, enquires were made as to which reasonable steps hasd been taken to ensure that the companies do not ensure that the companies do not commiut ant act or omission: which polluters or is likely to pollute a water resource; and which detrimentally affects or is likely to affect a water resource; and that they had taken all reasonable measures to prevent pollution of a continuing or recurring.

This exercise has proven to VEJA that there is little accountability and transparancy to the public. This information we have sought should be made public - it will enable us to evaluate and monitor effectively. it is concerning that , in many cases, both industry and governement appear to be hindering communities' access to this information.

The documents that were requested are relating to Water Use Licence and any Permit and Water results for the last 4 month from all these companies. 

These came after VEJA water team participating in Leei-Taai Boshspriet Water Forum found out that all these big companies in the catchment they were not reporting their water effluent results to the stakeholders at the forum level and the results were sent to Department of water affairs and the department where not making them available to the stakeholders.

CER and VEJA started these processes in April and immediately these companies responded with letters demanding to meet with VEJA and CER. In April VEJA and CER met with Anglo Coal, on the 10^th we met with Sasol and Natref on the 30^thMay 2012. Anglo gave mining right and water use license, Sasol gave us water permits and exemption and Natref gave permits, exemption and the result of their effeluent. These documents were issued under the National Water act 54 of 1956. Omnia Respond is that they water use licence as well as the data requested contain confidential business.
These accompanies where supposed to be operating under the national water act of 1998 and all of them where supposed to have a water used licence so that the department of water affairs caN monitor compliance in the Leei-Taai Catchment in terms of National Water Act of 1998. 

The water Team has asked the DWA why they have not processes the water use licence of all these companies and no response has been given

This exercise has proven to us that there is no accountability and transparency. This information that we asking we for its public information. It will help us to be able to evaluate and monitor effectively. But industries and government want to make sure communities do not get this information.

Eskom needs more coal to Expand Lethabo Powe Station

Proposed Life Extension of new Vaal Environmental Impact Assessment

Vaal Triangle considered as one of the economic hub of Gauteng and Free State, also continues to be the “environmental hotspot “in South Africa. This “environmental hotspot” comes as result of several heavy industries integrated with highly populated residential areas, which most people using coal for space heating and cooking during winter. Whilst these industries are considered as having a positive economic impact, they contribute to several negative impacts in the area including air and water pollution.

The purpose of Anglo American Life Extension Project 
Over the years we have seen significant increase in development and expansion projects that invariably have some impact on surrounding communities and the environment in Vaal Triangle.  Starting from April 2010, Anglo American Thermal a division of Anglo Operations Coal appointed Golder Associates to conduct a public participation on the Life Extension of new Vaal Environmental Impact Assessment.

According to the bid document, Eskom needs a secure coal supply to keep the Lethabo Power Station running until 2050. Anglo American Thermal Coal can fulfil this requirement if the life of the existing New Vaal Colliery (NVC) is extended by 20 years. AOL proposes to extend its existing opencast mining operations by mining new coal reserves which are located to the south of NVC, situated approximately 5 kilometres east of Sasolburg and approximately 10 kilometres south of Vereeniging in the northern Free State Province. AOL proposes to blend coal from NVC with coal from the proposed new operations to the south of the existing mine. These operations will include both opencast and underground mining within the New Cornelia Block 1 and New Cornelia Vaalbank reserves. The life extension Project is known as the NVC Lifex Project.  As above mentioned that starting from April 2010, the AOL conduct an Environmental Impact Assessment as required by the National Environmental Management Act (Act No.107 of 1998)

Vaal Environmental Justice Alliance found out about the project after the scoping phase has been done, we never knew about this project from the beginning. We got worried about the impact of this type of a project.  As we all know maybe from reading our past posts, Vaal has been declared a pollution hotspot area( Priority) meaning the area need special attention to be able to mitigate the high levels of pollution. If our government allows this type of development, then it is failing the intention of the declarations. We were also concern about public participation process, there was no maximum participation.  But we managed to submit our comments through Centre for Environmental Rights. 

Amongst other things in our submission we raised our concern about the following:

-          Public Participation Process

-          Impossible to determine the real environmental impacts particularly on the quality of water , air and

-          High value of agricultural land

-          Soil on local food production and food security in the future

-          Health issues

-          Bio –diversity

-          Particulate Matter( dust)

-          Monitoring

After submitting our commend Anglo asked to meet with Centre for Environmental Rights and VEJA. On the 2^nd May 2012 the meeting took place at Anglo American. The purpose of the meeting was to understand Background, how is this project going to impact on air quality, water and LAND. We then embarked on a tour to Eco Park, water treatment plant and drive pass open cast mine and a new proposed site.  We think we achieved most of the thing we wanted. We agreed there will be further engagements once the specialised report is being finalised and VEJA will be fully involved in this process. We asked Anglo to send us the water use license and mineral rights and we got them. The additional information we asked for is the air quality data and water samples result. 

What is Environmental Impact Assessment? 
We have realised many people in the community still don’t know what is Environmental Impact Assessment and why it is important for them to participate. Many people even when they do participate in the Environmental Impact Assessment they only concern about employment more than anything else. Many people are unable to engage with the companies around questions of how the project is going to affect their health and Environment. I cannot really blame the uniformed communities, often environmental issues are seen as technical and only doctors and professors as the only people who understand them better. People know that the air we breathe is full of toxic and bad smells and their child are suffering from asthma or respiratory illness you don’t need to be a doctor. 

Environmental Impact Assessment is process where all affected communities need to be consulted and the concerns , issues, queries and suggestions that community may have regarding the proposed development need to considered and addressed. In South Africa we have several Environmental Laws. To put these laws into effects, the main legislation in South Africa is the Constitution (1996). Included in the constitution is the Bill of Rights. Section 24, chapter 2 entrenched that everyone has a right to environment that is not harmful to their  health or well-being and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:

-          Prevent pollution and ecological degradation

-          Promote conservation; and

-          Secure ecologically sustainable development and use of natural while promoting            justifiable economic and social development

Another Important Law we have in South Africa is National Environmental Management Act (107), 1996(NEMA). One of the main purpose of NEMA is  to provide for co-operative environmental governance by establishing principles for decision making on matters affecting the environment and there are other purposes  This act gone through many amendments. In April 2006 the Minister of Environmental Affairs and Tourism passed environmental impact assessment regulations in terms of chapter 5 of the National Environmental Management Act (NEMA). 
The objective of the Environmental Impact Assessment Regulations is to establish the procedures that must be followed in the consideration, investigation, assessment and reporting for any proposed development.  The purpose of this procedures is to provide the competent authority with adequate information to make decisions which ensures that activities which may impact negatively on the environment to an unacceptable degree are not authorised, and that activities which are authorised are undertaken in such a manner that the environmental impact are managed to acceptable levels.

The procedures are also intended to ensure that:

-        The minimum information is necessary for decision- making is provided;

-          Adequate information is provided to interested and affected parties( I&P’S) enable them to participate effectively

-          Issues, impact and alternatives are considered and assessed in a structured and objective manner ; and

-          The requirement for the management over the life cycle of activities.

Eskom Power Plant with the capacity of 3600 MW ( Lethabo)

To cut a long story short, the immediate aim of EIA is to provide information for decision making process by identifying potentially significant environmental effects and risks of development proposal. Long term aim of EIA is to promote environmentally sound and sustainable solutions.

We heard that the Minister from Mineral and Energy Susan Shabangu talking about cleaner coal. Alternative energy model is necessary, the question is when South Africa is going to start investing on new cleaner technology. For the next 20 years Eskom will be using Anglo's dirty coal. Right now South African government is busy giving permissions to coal mines to expand, Eskom is building two massive coal fired stations. I find this statement from the Minister contradicting with what is happening right now and in the future. On the other hand we also talking about global warming. South Africa is one of the countries that pledged to limit emissions of greenhouse in Durban. How are they going to keep their promises when Eskom, ArcelorMittal, BHP Billiton and Sasol deciding on future of economic path.

Anglo is saying if they do not proceed with operation, mining of these coal reserves will not necessary be avoided, as another application in terms of MPRDA can be made by another company. Unless the government declares the area"off limits" .