South Africa Passes Its First Climate Change Act

South Africa has passed its first Climate Change Act, a sweeping law that will set limits for big greenhouse gas emitters and require that every town and city publish an adaptation plan with the objective of meeting the country’s carbon emissions reduction commitments in accordance with the Paris Agreement.

South Africa is a member of the United Nations Framework Convention on Climate Change, the 190-plus members of which are parties to the 2016 Paris Agreement.

President Cyril Ramaphosa signed the Climate Change Bill into law. The new law establishes a national response to climate change, including actions for mitigation and adaptation, which constitute South Africa’s “fair contribution to the global climate change response,” a press release from the South African government said.

“This is very significant in that it’s the first time that our climate change response is directly brought into domestic law,” said Brandon Abdinor, a lawyer with the South African nonprofit Centre for Environmental Rights, as Reuters reported. “A lot of work needs to be done, but this act puts the basic architecture in place for that to happen.”

The Climate Change Act requires all provinces and municipalities to assess the risks of climate change and come up with a response plan.

“South Africa’s mitigation measures are a response to climate change impacts that are increasingly experienced across a number of sectors including water resources; agriculture and food production; forestry and fisheries; human health; energy generation; industry; human settlements and migration; disaster management; biodiversity and terrestrial ecosystems. These impacts will disproportionately affect poor communities and vulnerable groups and could affect South Africa’s ability to meet its development and economic growth goals, including job creation and poverty reduction,” the press release said.

Emissions targets will be established for every high-emitting sector of government, including transportation, agriculture and industry, reported Reuters. The relevant minister for each sector will be required to adopt measures to achieve the goals.

The Climate Change Act also mandates that the environment minister specify a carbon budget for large companies and set a cap on their emissions over the course of a specific period.

Abinor said the carbon budget allocations had not been set and that the law doesn’t make it illegal to exceed the limit, which climate advocates had pushed for. He added that those that exceed their budget will likely be required to pay a higher carbon tax.

“The law also sets out to enhance South Africa’s ability and capacity over time to reduce greenhouse gas emissions, and build climate resilience, while reducing the risk of job losses, and promoting opportunities for new job opportunities in the emerging green economy,” the press release said.

The new law enables the alignment of climate change response policies to ensure the country’s transition to a climate resilient and low-carbon economy and society will not be limited by policy contradictions.

“The Climate Change Act is a tool for all South Africans. We call on citizens, businesses, and civil society to engage actively in using this law to push for urgent climate action,” said Harald Winkler, a climate policy expert at the University of Cape Town, on social media. “The Climate Change Act enshrines principles of equity and just transition. Let’s use this to prioritize the needs of vulnerable communities in our climate response.”