The Presidential Climate Commission (PCC) has welcomed the signing of the Climate Change Bill into law by President Cyril Ramaphosa yesterday.
The Climate Change Act sets out the legal mandate for countrywide climate change response, to enable the alignment of South Africa’s climate change response policy and actions, including mitigation and adaptation actions, which also constitutes South Africa’s fair contribution to the global climate change response.
Dr Crispian Olver, PCC commissioner and executive director, said any successful climate action effort would require alignment of major socio-economic, environmental and governance policies.
“We are entering a new phase of climate action, and we believe the Climate Change Act will foster institutional coherence and enhance climate change adaptation governance across the national, provincial and local layers of government,” Olver said.
While a few state departments and other government agencies have just transition outcomes explicitly outlined in their annual performance plans, the act now clearly instructs every organ of state to review and, if necessary, revise, amend, co-ordinate, and harmonise their policies and measures, programmes, and decisions in order to ensure that the risks of climate change impacts and associated vulnerabilities are taken into consideration.
The Climate Change Act is South Africa’s first comprehensive legislation to encourage the development of an effective climate change response, and states as its purpose: “To 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.”
James Reeler, World Wide Fund for Nature (WWF) senior manager for climate action, said it was heartening to see this act finally passed after nearly 10 years of engagement, and seven years after the first draft bill was published.
“Over this same period South Africa has emitted over 4 billion tons of carbon dioxide, and the evidence of climate change impacts on people’s lives and livelihoods has become increasingly apparent,” he said.
“The importance of this framework law in guiding our response to this crisis cannot be overstated.”
Reeler said that while the hard work still has to be done, the Climate Change Act provides a key legal framework for the country and all its citizens to steer away from the damaging and inequitable future that was otherwise locked in, and realise a vision for sustainable development.
Ewald Kellerman, head of sustainability strategy at Absa Group, said the Climate Change Act marked a significant milestone in South Africa's climate action efforts.
Kellerman said South Africa now possessed a robust regulatory framework that builds on existing legislation, such as the Carbon Tax Act.
He said the act aligned with the country's Nationally Determined Contributions (NDCs) under the Paris Agreement, aiming for a low-carbon and climate-resilient future.
“The Climate Change Act includes provisions for sectoral emissions targets and carbon budgets for large emitters, aiming to reduce greenhouse gas emissions across various industries. This framework addresses both mitigation and adaptation strategies, emphasising the need for a just transition to a decarbonised economy while considering economic realities and potential transition risks, such as increased costs for high-emission businesses,” Kellerman said.
“Although the act does not prescribe specific targets or enforce a net-zero transition, it provides a clear framework for achieving long-term climate goals, balancing the speed of transition with economic needs. This strategic approach positions South Africa favourably in the international economy, potentially enhancing trade opportunities and offering protection against border adjustment mechanism.”