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On 23 July, 2024, President Cyril Ramaphosa signed into law the highly anticipated Climate Change Act, a landmark piece of legislation designed to define, manage, monitor, and implement South Africa’s response to the escalating climate crisis.
This act acknowledges the urgent threat posed by anthropogenic climate change to both human societies and the planet at large, emphasising the need for an effective, progressive, and incremental response.
The act’s purpose is threefold:
- To regulate climate change mitigation by reducing greenhouse gas emissions in a bid to curb and eventually halt climate change.
- To manage climate change adaptation, equipping the nation to deal with escalating impacts such as flooding, drought, wildfires, extreme temperatures, and the ensuing threats to water and food security.
- To delineate clear responsibilities across various levels of government – national, provincial, and local, including municipalities – to ensure a coordinated and comprehensive approach to climate governance.
While the act is a significant stride forward, the true test will lie in how these ambitious goals are realised on the ground, and whether the socioeconomic challenges, particularly for the most vulnerable, can be adequately addressed in the face of a changing climate.
This legislation did not emerge fully formed from the ether; it is the fruit of years of careful deliberation, persistent advocacy, and evolving climate policy in South Africa.
The journey began more than a decade ago, with the 2011 National Climate Change Response White Paper, which laid bare the country’s vulnerabilities to a warming planet and charted a course for both mitigation and adaptation.
Foundational document
This foundational document set the stage for what would become an intricate legislative process, culminating in the Climate Change Bill tabled in 2018.
As the bill progressed through Parliament, it underwent significant transformation. By 2022, a revised version of the bill was published, reflecting the input gathered during extensive public consultations. The public’s engagement was remarkable, with approximately 13,200 written submissions flooding into Parliament, reflecting the widespread concern and hope vested in this legislation.
By September 2023, the committee had adopted the bill and its accompanying report, and the National Assembly passed it the following month, sending it to the National Council of Provinces for concurrence.
This bill, now the Climate Change Act, is more than just an environmental statute; it is a testament to a nation’s growing realisation that climate change transcends environmental concerns, demanding a comprehensive, multi-sectoral response that addresses the socioeconomic dimensions of this global crisis.
South Africa’s Climate Change Act establishes a comprehensive framework aimed at combating climate change through both mitigation and adaptation strategies. This legislation, long in the making, integrates the country’s greenhouse gas reduction trajectory into national law, compelling all levels of government to develop climate adaptation plans.
By introducing carbon budgets and sectoral emissions targets, the act ensures that major emitters are held accountable for their environmental impact.
Central to the act is the concept of a just transition, which emphasises a shift towards a low-carbon, climate-resilient economy that also prioritises social inclusion, job creation, and poverty eradication. This legal commitment to inclusivity mandates that the needs of vulnerable groups – such as workers, rural women, and children – are considered in all climate-related decisions.
The act’s framework is designed to ensure that the transition to a green economy does not deepen existing inequalities, but rather helps to rectify them.
Ambitious framework
Given its ambitious framework, the act has sparked concerns regarding its practical efficacy and implementation. One significant issue is the delay in the act’s enforcement, as it will only take effect upon a presidential proclamation. This delay raises questions about the urgency with which the government plans to address the climate crisis, particularly given the increasing severity of climate-related disasters in the region.
The success of the act is heavily reliant on the cooperation of major greenhouse gas emitters, such as Sasol and Eskom. These entities, which contribute significantly to South Africa’s carbon footprint, face mounting pressure to align with the new regulations.
However, there is scepticism about their willingness to fully comply.
Sasol, for instance, has been criticised for its continued reliance on fossil fuels and its ambiguous plans for transitioning to cleaner energy sources. The challenge lies in ensuring that these corporations make substantive changes rather than merely paying lip service to the law.
The effectiveness of the Climate Change Act will also depend on the robustness of the regulatory framework that supports it. The act introduces the concept of carbon budgets and mandates the development of sector-specific emissions targets, but the stringency of these regulations will be critical.
The forthcoming regulations must be both comprehensive and enforceable, with clear penalties for non-compliance. Moreover, the success of the act hinges on political will and constructive stakeholder consultation to ensure that these regulations are properly implemented and adhered to.
The role of civil society cannot be overstated. Environmental justice organisations, such as the Centre for Environmental Rights (CER) and Earthlife Africa, have been instrumental in advocating for stronger climate policies and greater corporate accountability. Their involvement, alongside many others, will be crucial in holding both the government and corporations accountable, ensuring that the act’s provisions are enforced, and that any attempts to undermine its goals are challenged.
Transformative legislation
Looking forward, the Climate Change Act has the potential to be a transformative piece of legislation, setting the stage for a more sustainable and resilient future for South Africa. However, its success will depend on several critical factors: timely implementation, the development of robust and enforceable regulations, and the active engagement of all sectors of society.
For the act to achieve its full effect, it must be seamlessly integrated with other key instruments, such as the Carbon Tax and the Integrated Resource Plan.
The Carbon Tax, introduced in 2019, is designed to incentivise the reduction of greenhouse gas emissions by taxing carbon-intensive activities. The Integrated Resource Plan, which outlines South Africa’s long-term electricity supply strategy, incorporates renewable energy targets. Effective coordination between these instruments and the Climate Change Act will be essential to ensure a cohesive and comprehensive approach to climate mitigation.
The act’s success will also hinge on establishing effective compliance and enforcement mechanisms. This includes regular monitoring of greenhouse gas emissions, imposing stringent penalties for non-compliance, and maintaining transparent accountability frameworks.
While the establishment of a National Greenhouse Gas Inventory and the requirement for emitters to submit mitigation plans are steps in the right direction, ensuring that these plans are implemented, and that compliance is rigorously monitored, will be vital.
Crucial advancement
The Climate Change Act marks a crucial advancement in South Africa’s climate policy, providing a comprehensive framework for climate adaptation and mitigation with a strong emphasis on inclusivity, equity, and sustainability. However, the real test will be in its implementation.
The path to a sustainable and resilient future is fraught with challenges, but with concerted effort and collective action, South Africa can lead the way in addressing the global climate crisis.
The act is a powerful tool, but its success will require the unwavering commitment of the government, corporations, and civil society alike. DM
Sobantu Mzwakali is the programmes manager at Resource Africa, a southern Africa-based organisation that supports rural African community efforts to secure their rights to access and sustainably use their natural resources in order to sustain their livelihoods.
