CLIMATE CHANGE GOVERNANCE AND THE CLIMATE CHANGE BILL

The Centre for Environmental Rights (CER) submitted a statement to the Portfolio Committee on Environment, Forestry and Fisheries regarding the Climate Change Bill tabled on 18 February 2022. The CER argues that while the Bill is a critical tool for South Africa's climate response, it contains significant gaps in emission targets, enforcement mechanisms, and transparency. The document also critiques South Africa's 2021 Nationally Determined Contribution (NDC), stating it remains insufficient when compared to the 'fair share' of global mitigation effort required to limit warming to 1.5°C or 2°C.

• The CER recommends a comprehensive public participation process for the Climate Change Bill to prevent the exclusion of geographically remote and economically challenged communities. Proposed measures include in-person hearings in large metros and specific areas affected by the just transition—such as Emalahleni, Lephalale, and Newcastle—as well as the provision of translation services and the use of Parliament's Public Education Office.
• The CER expresses concern that the interim greenhouse gas emissions trajectory in Schedule 3 of the Bill relies on the 2015 Nationally Determined Contribution (NDC), which is described as 'highly insufficient' and outdated. This trajectory is noted to be out of alignment with South Africa's international obligations under the Paris Agreement and its 2021 NDC update.
• The Bill is criticized for lacking specific timeframes and deadlines for key mitigation mechanisms, specifically the allocation of carbon budgets by the Minister and the determination of sectoral emissions targets. Additionally, the CER notes that the obligation for provincial and local governments to produce climate change response implementation plans only becomes mandatory five years after the Act comes into operation, which may be too slow given urgent threats to food security and fresh water.
• The CER argues that the Bill's enforcement regime is too narrow, as the only current offence is the failure to provide a greenhouse gas mitigation plan. The document suggests that exceeding an allocated carbon budget or providing false information should also be classified as offences, and that criminal and administrative penalties should be available to the regulator.
• The Bill is described as providing very limited access to information regarding greenhouse gas emissions and adaptation measures. The CER advocates for public access to be the default position, citing a 5 April 2020 appeal decision by the Minister of Environment which confirmed that the administration of justice requires the disclosure of projected emissions and reduction data.
• Analysis of South Africa's 2021 NDC update (398 to 510Mt CO2-eq for 2021-2025 and 350 to 420Mt CO2-eq for 2026-2030) indicates it is 'insufficient' according to Climate Action Tracker. Using the Climate Equity Reference Calculator (CERC), the CER finds that the upper limit of the NDC does not satisfy the 'fair share' for a 2°C pathway (350 to 401Mt CO2-eq) or a 1.5°C pathway (274 to 352Mt CO2-eq).

APA

Centre for Environmental Rights (2022). CLIMATE CHANGE GOVERNANCE AND THE CLIMATE CHANGE BILL. https://cer.org.za/wp-content/uploads/2022/03/Letter-to-Portfolio-Committee-Environment-Forestry-and-Fisheries-Climate-Change-Governance-and-Bill_9-March_2022.pdf?x21779

Chicago

Centre for Environmental Rights. CLIMATE CHANGE GOVERNANCE AND THE CLIMATE CHANGE BILL. 2022. https://cer.org.za/wp-content/uploads/2022/03/Letter-to-Portfolio-Committee-Environment-Forestry-and-Fisheries-Climate-Change-Governance-and-Bill_9-March_2022.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=CLIMATE CHANGE GOVERNANCE AND THE CLIMATE CHANGE BILL |date=9 March 2022 |url=https://cer.org.za/wp-content/uploads/2022/03/Letter-to-Portfolio-Committee-Environment-Forestry-and-Fisheries-Climate-Change-Governance-and-Bill_9-March_2022.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2022climate, author = {{Centre for Environmental Rights}}, title = {{CLIMATE CHANGE GOVERNANCE AND THE CLIMATE CHANGE BILL}}, publisher = {Centre for Environmental Rights}, year = {2022}, month = mar, url = {https://cer.org.za/wp-content/uploads/2022/03/Letter-to-Portfolio-Committee-Environment-Forestry-and-Fisheries-Climate-Change-Governance-and-Bill_9-March_2022.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }