The President of South Africa, Cyril Ramaphosa gave his assent to the Climate Change Bill 2022 by signing it in July 2024, and the bill became an act. The act will put a limitation on large greenhouse gas (GHG) emitters. As per the act, every province and municipality in South Africa is supposed to develop and release an adaptation plan after determining the risks posed by climate change in their respective region.
With the implementation of the act, South Africa will be in a position to fulfil its commitment of reducing GHG emissions, as per the Paris Agreement. South Africa is a member of the United Nations Framework Convention on Climate Change (UNFCCC) along with other approximately 190 members, which are also part of the eight-year-old Paris Agreement. The act is vital for it is the country’s first response to climate change and it is a part of domestic law. In response to the impacts of climate change, South Africa has taken certain mitigation steps in various sectors, such as agriculture and food production, energy generation, industry, water resources, human health, human settlements and migration, biodiversity and terrestrial ecosystems, forestry and fisheries, and disaster management. Besides, there has been a consistent rise in these impacts.
The act aims at adapting to the impacts of drought, excessive heat, flooding, water and food security, wildfires, etc. The main objective of the act includes protection and preservation of the Earth, not only for the current generation but also for the future generations.
Background
In 2023, two important bills were passed by the South African parliament, National Assembly, one of them being the Climate Change Bill. This is the first law of the country which addresses the impacts of climate change. In 2022, the bill was tabled in the National Assembly.
Agenda of the Act
The main agenda of the act includes the formation of a strategy that will tackle the issue of climate change and the execution of energy transition plan that is just and long-term. This will eventually result in an economy that is low-carbon and that can easily recover from the impact of climate change.
Some Salient Features of the Act
- The act provides a framework for the country’s response to climate change.
- This will ensure that the climate change response is effective and efficient.
- The act mentions, the functions and duties of local, provincial, and national governments with regards to mitigation efforts. As a result, it becomes mandatory for these governments to fulfil their responsibilities of tackling climate change and working in coordination with each other. For this purpose, climate change forums will be set up by the municipalities and provincial governments. Together with the Presidential Climate Commission, these forums will deal with the impact of climate change, coordinate with each other, and submit the report on the same within their jurisdiction.
- All the government sectors that largely emit GHGs will have fixed limits of emission, beyond which they cannot release such gases. These sectors include transport, industry, agriculture, etc. The concerned ministers of these sectors will have to ensure that they comply with these limits by taking the necessary steps.
- The act specifies that large companies which release massive amounts of GHGs into the atmosphere must be allocated a carbon budget by the environment minister to restrict the level of their emissions for specific period of time. In case the companies release carbon beyond their budget, it is highly probable that they will have to pay carbon tax at a much greater rate than others that abide by the law.
- The national and the provincial governments are required to determine the risks associated with climate change and its potential impacts. On the basis of this data, they have to develop response plans. As a result, South Africa will be better equipped to fulfil its commitments under the Paris Agreement in Nationally Determined Contribution (NDC).
Nationally Determined Contributions are integral to the international Paris Agreement. With the help of the NDCs, the long-term goals mentioned in the agreement can be easily achieved. NDCs highlight the attempts of all the member countries of the agreement, in regulating their emissions and in adapting to the repercussions of climate change in their respective nations. Under the agreement, each member country must develop and apprise about their respective NDCs as well as maintain their yearly NDCs that they are required to attain. Member countries are required to adopt measures for mitigating emissions and fulfilling the objectives of such NDCs within the boundaries of their respective countries.
Significance of the Act
- With the implementation of this act, all the policies impacting the climate change response of South Africa will be aligned with each other. The act will do away with policy ambiguity and will help the evolution of South Africa into a low-carbon and climate-resilient economy.
- With the implementation of this act over a period of time, South Africa will be strengthened to lessen GHG emissions and develop resilience to climate change.
- The act will facilitate the creation of more job opportunities in the developing green economy and will prevent job losses.
- With mandatory carbon budgets now in place, it is expected to see significant emissions reductions from large companies. Transparency in annual reporting will be the key.
- Climate change is as much an economic issue as it is a scientific, social justice, human rights, and development issue. It has a direct and material impact on activity across the economy, increasing the cost of doing business, undermining competitiveness and dampening employment growth. Thus, this act is significant in economic terms also.
Lessons for India
India can also learn several key lessons from this act of South Africa. India should enact similar overarching legislation that integrates existing laws related to environmental protection, energy conservation, and pollution control to provide a robust foundation for its climate commitments. South Africa’s law imposes mandatory emission reduction targets on large, fossil-fuel heavy industries, requiring each high-emitting sector to adopt measures to achieve these targets. India could consider a similar approach of setting legally binding, sector-specific emission reduction targets to ensure accountability and drive concrete action. India’s law should also incorporate provisions for climate adaptation, requiring states and local bodies to assess risks and develop context-specific strategies, especially for climate-sensitive sectors.
Like South Africa, India’s legislation should create dedicated institutions like a Climate Change Council to coordinate and oversee climate action across ministries and levels of government with clear monitoring and reporting mechanisms. India should tailor its climate law to its unique socio-economic context, balancing climate action with sustainable development goals and social equity. Provisions related to climate finance, technology transfer, and international cooperation should be incorporated to support India’s climate action.
Conclusion
The new act of South Africa is expected to be a boon for the country with the coordinated efforts of different government departments. Even though the country had signed the Paris Agreement there was no mechanism in South Africa to tackle climate change impact. It is known far and wide that climate change impacts will mainly affect the vulnerable sections of the society. They will also hamper the economic growth and development in South Africa, such as creating jobs and reducing poverty. Therefore, the Climate Change Law will be highly beneficial.
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