South Africa’s Climate Change Bill: A Legal Framework for a Resilient and Sustainable Future

South Africa’s Climate Change Bill is a legal framework aimed at reducing carbon emissions, increasing climate resilience, and aligning with national development goals. The Bill sets sector-specific emission targets, facilitates enterprises in fulfilling their carbon budgets, and requires every organ of state to coordinate policies, plans, and programs to address climate change. The Bill will also support vulnerable communities, engage all sectors, and maximize opportunities for sustainable development, ensuring that no one is left behind.

What is South Africa’s Climate Change Bill?

South Africa’s Climate Change Bill aims to establish a legal foundation for increasing climate resilience, reducing carbon emissions, and aligning with South Africa’s national circumstances and development goals. It sets sector-specific emission targets to help the country reach its mid-century net-zero goal, as well as facilitate individual enterprises in fulfilling their Nationally Determined Contributions through carbon budgets and public progress disclosure. The Bill obligates every organ of state to harmonize, coordinate, and align policies, plans, and programs across all government levels to address climate change.

A Milestone in South Africa’s Climate Change Efforts

On October 24, 2023, South Africa’s Minister of Forestry, Fisheries, and the Environment, Ms. Barbara Creecy, announced a significant step forward in the country’s battle against climate change. The Climate Change Bill aims to establish a legal foundation for increasing climate resilience, reducing carbon emissions, and aligning with South Africa’s national circumstances and development goals.

The Sixth Report from the International Panel on Climate Change highlights the alarming reality that global temperatures are nearing a 1.5-degree increase above pre-industrial levels. As a result, decreasing carbon emissions to mitigate climate change effects has become an urgent priority. At the same time, it is essential to implement adaptation and resilience-building strategies to cope with the inevitable consequences of a 1.5-degree world.

Being a party to the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, South Africa is dedicated to tackling climate change. The Climate Change Bill will set sector-specific emission targets to help the country reach its mid-century net-zero goal, as well as facilitate individual enterprises in fulfilling their Nationally Determined Contributions through carbon budgets and public progress disclosure.

Coordinating Climate Change Response and Supporting Vulnerable Communities

The Climate Change Bill underscores the importance of a cohesive approach to addressing climate change. It legally obligates every organ of state to harmonize, coordinate, and align policies, plans, and programs across all government levels. To address financial limitations faced by sub-national governments, the Bill introduces mechanisms for national government assistance in climate change response efforts. The Department has already secured funds to support municipalities in developing climate response strategies.

Vulnerable communities are likely to be most affected by climate change impacts. Developing early warning systems is a crucial resilience-building strategy; the Global Commission on Adaptation estimates that a 24-hour advance warning of natural disasters can reduce damages by 30%. South Africa’s Department of Forestry, Fisheries, and the Environment, along with the South African Weather Service (SAWS), currently offer regular weather updates and technological solutions to provide communities with advance notice of extreme weather events. Fundraising initiatives are in progress to enhance existing infrastructure and replace outdated, ineffective systems.

Engaging All Sectors and Maximizing Opportunities for Sustainable Development

Tackling climate change requires the engagement and cooperation of all sectors, as it will affect every aspect of society and the economy. The Bill plans to establish the Presidential Climate Commission as a statutory body, responsible for mobilizing communities, organized labor, business, and civil society to create a comprehensive response to future climate challenges.

The Nairobi Declaration on Climate Change and Call to Action, endorsed by African leaders in September 2023, views the global economy’s decarbonization as an opportunity to promote equality and shared prosperity across Africa. In line with this vision, President Ramaphosa urged developed countries at the United Nations Climate Summit to offer new, predictable public financing to support climate adaptation and resilience-building measures in developing nations. This would ensure that countries do not have to choose between developmental aspirations and climate action.

With its vast solar and wind resources and substantial critical mineral reserves, South Africa is well-positioned to become a leader in renewable energy, green hydrogen, and sustainable industrialization. The Presidential Climate Commission has developed the Just Transition Framework to ensure that climate actions adhere to principles of procedural, restorative, and distributive justice. As the country continues to work towards a Just Transition to a low-carbon economy and climate-resilient society, sustainability, inclusivity, and comprehensiveness will remain top priorities, ensuring no one is left behind.

The Path Forward

Despite significant climate change mitigation progress through voluntary collaboration, the Climate Change Bill’s enactment will further empower South Africa to make meaningful strides for both its people and the environment in combating and adapting to climate change impacts.

1. What is the Climate Change Bill in South Africa?

The Climate Change Bill is a legal framework aimed at reducing carbon emissions, increasing climate resilience, and aligning with South Africa’s national development goals.

2. What are the specific goals of the Climate Change Bill?

The Bill sets sector-specific emission targets to help South Africa reach its mid-century net-zero goal, facilitates individual enterprises in fulfilling their Nationally Determined Contributions, and obligates every organ of state to harmonize, coordinate, and align policies, plans, and programs across all government levels to address climate change.

3. When was the Climate Change Bill announced in South Africa?

The Climate Change Bill was announced on October 24, 2023, by South Africa’s Minister of Forestry, Fisheries, and the Environment, Ms. Barbara Creecy.

4. Why is the Climate Change Bill important for South Africa?

The Climate Change Bill is crucial for South Africa because it establishes a legal foundation for increasing climate resilience, reducing carbon emissions, and aligning with South Africa’s national circumstances and development goals.

5. What is the role of vulnerable communities in the Climate Change Bill?

The Climate Change Bill emphasizes the importance of supporting vulnerable communities by developing early warning systems, providing weather updates, and implementing resilience-building strategies.

6. How does the Climate Change Bill engage all sectors in addressing climate change?

The Climate Change Bill plans to establish the Presidential Climate Commission as a statutory body, responsible for mobilizing communities, organized labor, business, and civil society to create a comprehensive response to future climate challenges.

7. What opportunities for sustainable development does the Climate Change Bill provide?

The Climate Change Bill provides opportunities for sustainable development by maximizing South Africa’s renewable energy resources, green hydrogen, and sustainable industrialization. The Just Transition Framework ensures climate actions adhere to principles of procedural, restorative, and distributive justice.

8. What is the significance of the Climate Change Bill for South Africa’s climate change response efforts?

The Climate Change Bill’s enactment will further empower South Africa to make meaningful strides for both its people and the environment in combating and adapting to climate change impacts. It will provide a legal foundation for coordinated efforts and ensure that no one is left behind.