On 23 July 2024, President Ramaphosa signed the highly anticipated Climate Change Act into law. This pivotal legislation is designed to define, manage, monitor, and implement South Africa’s response to climate change. The Act is not yet operational, as it will only come into effect on a future date when the President issues a proclamation. This delay is concerning because the crucial mechanisms provided by the Act cannot yet be enforced, and important timeframes have not yet commenced.
Years in the making, with the bill first tabled in 2018 and 13 years since the National Climate Change Response White Paper, the Climate Change Act sets the stage for comprehensive adaptation, mitigation, and institutional arrangements. This landmark legislation incorporates the country’s greenhouse gas (GHG) emissions reduction trajectory (the latest Nationally Determined Contribution, in terms of the Paris Agreement) into South African law, signaling a significant stride towards a sustainable future.
The Act takes precedence over other climate-related laws, requiring all government policies and measures to align with its goals. It mandates all levels of government to map, plan for, and address climate adaptation needs, recognising the urgent nature of climate change.
For mitigation efforts, the Act introduces carbon budgets, allocating an amount of GHG emissions to major emitters, and requires the submission of mitigation plans – in which companies must set out how they intend to remain within their budgets. Furthermore, it establishes sectoral emissions targets (SETs), distributing available remaining carbon space across sectors.
While the enactment of the Climate Change Act is a milestone achievement, key regulations, including carbon budget and mitigation plan regulations, are still forthcoming. It is imperative that these regulations incorporate sufficiently strict measures to ensure compliance and effectiveness.
The success of the Act will hinge upon political will and constructive stakeholder consultation. Now more than ever public participation is encouraged to ensure that all relevant issues and perspectives are addressed in the development of the various policies and laws that will flow from the Climate Change Act.
As South Africa strives to enhance its climate resilience and reduce emissions, the Climate Change Act stands as a potential beacon of hope, demonstrating a strong commitment to protecting our planet for future generations. Now it will be necessary for all relevant state actors to demonstrate renewed commitment to ensuring the political will to use this and advance this law to its fullest potential.
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“This Act matters deeply for South Africa, especially for those among us who have already endured the devastating impacts of climate change, like the victims of the Durban floods. It is a commitment to protecting communities, ensuring that future generations can live in a safer, more resilient environment. By addressing the root causes of climate change, we can prevent the suffering and loss that so many have experienced” Wandisa Phama CER Executive Director.
“We welcome the express formalisation of a comprehensive climate change response into our domestic law. In addition to the legislated management of climate change adaptation and mitigation, the Climate Change Act imposes duties across organs of state affected by climate change to harmonise policies, laws, programmes and decisions with the principles and objects of the Act” said Makoma Lekalakala, Earthlife Africa Director.
“Climate change mitigation – or the reduction of GHG emissions – now has a legal basis with the upcoming allocation of carbon budgets to significant emitters. While the Act could have been stronger in making excess GHG emissions an offence, at least there are now tools in place to assist the monitoring of emissions and mitigation plans, which will effectively start to compel heavy emitters to engage with decarbonising their businesses. The Act also incorporates the countries Paris Agreement reduction targets – or Nationally Determined Contribution – into domestic law” Brandon Abdinor, CER Pollution and Climate Change Attorney.
“Unless this Act in its current form delivers urgent reductions in greenhouse gases (GHGs) and the path toward a just transition, it is meaningless. So we have to push those that seek to undermine it hard, and ensure that there is accountability rather than impunity. If the Act cannot deliver what is needed, we must be active on the streets and the fencelines of polluters to ensure compliance, so that we do not have to live with the injustices that have played out in Minimum Emissions Standards (MES) process,” said Bobby Peek, Executive Director of groundWork, Friends of the Earth SA.
“Climate change impact and risk assessment, and the necessary adaptation responses, are now mainstreamed across government sectors, as well as national, provincial and local government levels. Policymakers and state decision-makers are now obliged to engage with climate adaptation needs based on the best available science, which will accelerate the protection of vulnerable and at-risk communities and people” added Lerato Balendran, CER Head of Communications.
