President Cyril Ramaphosa’s enactment of the Climate Change Bill on Tuesday signals the beginning of a new era in unified climate action for South Africa, according to the Presidential Climate Commission (PCC).
The new law establishes a legal framework for a comprehensive national response to climate change, including both mitigation and adaptation strategies. This approach represents South Africa’s equitable contribution to the global effort against climate change, the commission stated.
The Act mandates that all government bodies review and, if necessary, update their policies and practices to address the risks and vulnerabilities associated with climate change. This requirement goes beyond the existing plans of a few state departments and agencies, ensuring a coordinated and harmonized approach to climate action across all levels of government.
The new law represents South Africa’s first comprehensive legislation designed to foster an effective response to climate change.
It integrates the country’s targets from the Paris Agreement, or nationally determined contributions, into domestic legislation.
Crispian Olver, the executive director of the Presidential Climate Commission (PCC), noted, “Successful climate action will require alignment across major socio-economic, environmental, and governance policies.”
He emphasized that the Climate Change Act ushers in a new phase of climate action, aiming to promote institutional coherence and improve climate adaptation governance at all levels of government.
The legislation defines the roles of the PCC and details the responsibilities of provinces and municipalities in mitigation efforts. This is intended to ensure progress towards a climate-resilient and low-carbon economy and society.
According to the presidency, the Act facilitates the alignment of policies affecting the country’s climate response, preventing policy conflicts that could hinder South Africa’s transition to a low-carbon, climate-resilient economy. The law seeks to enhance the nation’s capacity to reduce greenhouse gas emissions, build climate resilience, and create new job opportunities in the green economy while mitigating the risk of job losses.
James Reeler, Senior Manager for Climate Action at World Wide Fund for Nature South Africa, praised the enactment of the Act after nearly a decade of discussions and seven years since the initial draft Bill was introduced.
He highlighted that during this period, South Africa emitted over four billion tonnes of carbon dioxide, and the impacts of climate change on lives and livelihoods have become increasingly visible. Reeler emphasized the significance of this framework law in guiding the nation’s response to the crisis.
While acknowledging that substantial work remains, Reeler noted that the Climate Change Act provides a crucial legal framework for the country and its citizens to avoid a detrimental future and pursue sustainable development.
Brandon Abdinor, Climate Advocacy Lawyer at the Centre for Environmental Rights, also welcomed the formalization of a comprehensive climate response into domestic law. He pointed out that the Act not only legislates climate change adaptation and mitigation but also mandates that government bodies align their laws, policies, and decisions with the Act’s principles.
Abdinor noted that the Act establishes a legal basis for climate change mitigation through the allocation of carbon budgets to major emitters. He mentioned that although the Act could be stronger in criminalizing excessive greenhouse gas emissions, it provides essential tools for monitoring emissions and encouraging decarbonization efforts.
He added that policymakers are now required to address climate adaptation needs using the best available science, which will aid in protecting vulnerable populations.
The presidency stated that the Act outlines the functions of the Presidential Climate Commission (PCC), including advising on climate change response and ensuring a smooth transition to a climate-resilient, low-carbon economy.
Abdinor also emphasized that the formal recognition of the PCC as a statutory body will enhance its role in producing science-based research and facilitating negotiations among business, labor, civil society, and government to ensure a just transition and decarbonization efforts are equitable and inclusive.