South Africa has taken a decisive step in its commitment to addressing climate change with the enactment of the Climate Change Act 15 of 2022 (the ‘Climate Change Act'). This legislation provides a framework for the country's transition to a low-carbon and climate-resilient economy.
On 23 July 2024, President Ramaphosa assented to this pivotal piece of legislation. Its provisions will be implemented in phases.
Some provisions are already in operation, such as section 21(4)(e), which now requires organs of state to ensure their policies and decisions align with the National Climate Change Response, the National Adaptation Strategy, and the country's emissions reduction commitments. This critical provision will significantly impact the functioning of government and its interactions with other sectors, including, where relevant, non-governmental organisations, the private sector, and local communities.
This provision has an immediate impact on areas such as procurement and decision-making for authorisations. Organs of state (including national government departments, provincial governments, municipalities, and state-owned enterprises) are now required to integrate climate change considerations into their processes. This section necessitates a shift in how State entities approach procurement and authorisation processes. Climate change considerations are now a mandatory factor in decision-making. This shift could have the following impact:
- increased demand for sustainable and climate-friendly products and services in public procurement;
- more stringent environmental impact assessments for authorisation applications; and
- a change in how impact studies are conducted, to ensure that climate change variables are properly accounted for.
Furthermore, section 7 of the Climate Change Act, which also holds significant value, is now operational as well. This section requires every organ of state that exercises a power or performs a function that is affected by climate change, or is entrusted with powers and duties aimed at the achievement, promotion and protection of a sustainable environment, to, inter alia, harmonise their decisions to:
- ensure that the risks of climate change impacts and associated vulnerabilities are taken into consideration; and
- give effect to the principles and objects set out in the Climate Change Act.
Important provisions that are not yet in force are those relating to carbon budgets. The commencement of a large part of the Climate Change Act has been deferred to a later date to allow for the promulgation of regulations alongside the provisions of the Climate Change Act. The following sections are awaiting proclamation: sections 12(6), 13(1), 13(2), 13(3)(b), 14(3)(a), 15(5), 15(6), 17, 18, 19, 20, 21, 22, 25(4)(c), 26(2) to (6), 27, 28 and 30(2)(a) and (b).
These deferred sections pertain to various critical aspects of climate change response, including the establishment and operational details of the Climate Change Commission, provincial and municipal climate change responses, the national adaptation framework, and mechanisms for setting and achieving greenhouse gas emission reduction goals and carbon budgets. The delay is attributed to the need for interdepartmental agreements, the finalisation of the National Adaptation Strategy and Plan, the necessity for stakeholder consultations, and the development of detailed regulations, particularly concerning carbon budgets and the phase-down/phase-out of synthetic greenhouse gases.
The Department of Forestry, Fisheries and the Environment communicated on 17 March 2025 that the regulations being developed for these sections are at an advanced stage and will be gazetted for public input and comment soon.
The Climate Change Act represents a fundamental change in South Africa's approach to climate change. While the full impact of the Climate Change Act will unfold as further provisions come into effect, the current implementation is already driving significant changes. This phased approach allows for careful consideration and preparation, ensuring a more effective and sustainable transition to a climate-conscious future for South Africa.
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