Climate Change Act – a crucial catalyst for action

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Nozipho Bhengu | Director | Werksmans Attorneys | mail me |


Frequent and intense weather events and devastating effects of climate change are being experienced all over the world. According to the United Nations Development Programme (UNDP), over the past 50 years, extreme weather events have caused two million deaths and cost USD4 trillion in economic losses.

Some of the recent notable natural disasters in South Africa due to climate change include the 2022 floods in KwaZulu-Natal which are reported to have caused an estimated R7 billion worth of damage to businesses, infrastructure and communities, and the heavy snow in parts of KwaZulu Natal and Free State in late September 2024.

These are just a few examples which demonstrate the magnitude of the climate crisis and therefore the urgent need to intensify efforts to fight climate change. According to Zambia’s Permanent Representative to the United Nations (UN), Dr Chola Milambo, “these interrelated problems are spiralling precisely because of our continuing underinvestment in climate adaptation and resilience measures and in real, lasting solutions.”[1]

Barriers to effective climate action

Great work is being done to counter the effects of climate change but more still needs to be done.

Key challenges that have been identified as hindering progress in the development and implementation of mitigation and adaptation solutions to climate change in the developing world include, inter alia, lack of finance for such projects, lack of political will and clear coordinated and cooperative regulation of climate responses by Governments.[2]

Introducing the Climate Change Act

In response to the climate crisis, on 23 July 2024, President Cyril Ramaphosa signed the long awaited Climate Change Act (Act) into law. However this Act has not yet come into effect.

Certain measures, such as, inter alia, the publication of regulations and setting of targets required to make the Act enforceable, need to be put in place before the Act can be operationalised.

The Act is intended to, inter alia, “enable the development of an effective climate change response and a long-term, just transition to a low-carbon and climate-resilient economy and society for South Africa in the context of sustainable development“.

Simply the Act provides a legal framework for the regulation of our country’s response to climate change and gives effect to South Africa’s commitment to reduce greenhouse gas emissions and achieve net-zero by 2050.

Key provisions of the Act

The Act deals with three broad areas, namely policy alignment and institutional arrangements, mitigation and adaptation measures.

Mitigation Measures

Noteworthy provisions of the Act relating to mitigation include, inter alia, that –

  • the Cabinet Minister responsible for environmental affairs (“Minister”) must determine a national greenhouse gas emissions trajectory for South Africa. In this regard, the Minister must list the greenhouse gas emitting sectors and sub-sectors that are subject to sectoral emissions targets, within one year of the commencement of the Act;
  • the Minister responsible for each greenhouse gas emitting sector and sub sector must develop policies and measures for which that Minister is responsible relating to the achievement of the sectoral emissions targets and implement, and monitor the effectiveness of the policies and measures pertaining to the relevant sector and sub sectors;
  • the Minister is required to allocate a carbon budget to

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Related FAQs: Climate Change Act (“Act”)

Q: What is the Climate Change Act 22 of 2024?

A: The Climate Change Act 22 of 2024 provides a legislative framework to address climate change impacts in South Africa. It introduces comprehensive climate change mitigation and adaptation strategies to tackle these challenges effectively. Moreover, the Act establishes institutional arrangements to ensure a coordinated response across various sectors.

Q: How does the Act contribute to South Africa’s climate change response?

A: The Act strengthens South Africa’s climate change response by setting sectoral emissions targets for key industries. It also establishes the Presidential Climate Commission to guide and monitor climate-related initiatives. Furthermore, it promotes sustainable practices to reduce greenhouse gas emissions in line with international commitments. These efforts align with the United Nations Framework Convention on Climate Change.

Q: What are greenhouse gas emissions and why are they significant in the context of the Act?

A: Greenhouse gas emissions trap heat in the atmosphere, causing global warming and climate change. The Climate Change Act 22 of 2024 plays a significant role in addressing these challenges. It seeks to regulate and reduce greenhouse gas emissions through specific legislation. Moreover, the Act sets targets to mitigate climate change impacts in South Africa effectively.

Q: When was the Act signed into law?

A: The Climate Change Act 22 of 2024 became law in 2024, marking a pivotal moment for South Africa. It represents a significant step in the country’s legislative efforts to combat climate change effectively. Additionally, the Act focuses on implementing robust climate adaptation strategies to address environmental challenges.

Q: What role does the Presidential Climate Commission play under the Act?

A: The Presidential Climate Commission provides crucial guidance and oversight for South Africa’s climate change response. It facilitates stakeholder engagement to promote collaboration and shared responsibility. Furthermore, it ensures the country meets its climate change commitments outlined in the Climate Change Act 22 of 2024.

Q: How does the Climate Change Bill align with South Africa’s National Environmental Management Act?

A: The Climate Change Bill complements South Africa’s National Environmental Management Act by integrating climate change considerations into environmental governance. It ensures that climate resilience remains a priority in national and local planning processes. Furthermore, it promotes sustainable development to address climate-related challenges effectively.

Q: What are sectoral emissions targets and how are they established under the Act?

A: Sectoral emissions targets set specific goals for different sectors to reduce greenhouse gas emissions. The Climate Change Act 22 of 2024 establishes these targets based on scientific assessments and economic implications. Additionally, it aligns the targets with national and global climate objectives to ensure effective climate change mitigation.

Q: What is the significance of climate adaptation in the Act?

A: The Climate Change Act 22 of 2024 highlights the significance of climate adaptation for South Africa. It recognises the need to prepare for and respond to unavoidable climate change impacts. Further, the Act promotes strategies to enhance resilience across different sectors and communities. It also focuses on reducing vulnerability to ensure sustainable development.

Q: How does the Act support South Africa’s response to global climate change?

A: The Climate Change Act 22 of 2024 supports South Africa’s global climate change response by aligning national policies with international agreements. It incorporates commitments from agreements such as the Paris Agreement into local strategies. Additionally, the Act fosters cooperation with other nations to address climate change challenges effectively.



 



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