Polluter for Climate Change Loss and Damage

The report analyzes the April 2022 floods in KwaZulu-Natal, South Africa, using attribution science to link the disaster to human-induced global warming. It argues that 'carbon majors'—the largest global GHG emitters—should be held accountable under the 'polluter pays' principle. The document explores the legal pathways in South African delictual law to seek compensation for both immediate losses and future climate resilience, while highlighting the disproportionate impact of such disasters on marginalized communities.

• The flooding in KwaZulu-Natal on 11 and 12 April 2022 is described as "the most catastrophic natural disaster yet recorded in KwaZulu-Natal (KZN) in collective terms of lives lost, homes and infrastructure damaged or destroyed and economic impact."
• The disaster resulted in 443 deaths, 48 people missing, over 26,000 damaged dwellings, 600 damaged schools, and 84 damaged health facilities. Total economic losses in the province are estimated at approximately R17 billion.
• World Weather Attribution (WWA) found that human-induced climate change approximately doubled the probability of the April 2022 rainfall event and increased its intensity by 4-8%.
• The report identifies 'carbon majors' as the primary polluters responsible for climate harm, noting that the top 20 entities were responsible for 35% of CO2 and methane emissions from fossil fuel and cement production between 1965 and 2018.
• Under South African law, the report suggests that the law of delict is the most viable route for loss and damage claims, requiring proof of wrongful conduct, fault (negligence or intention), a causal link, and sustained harm.
• The report argues that factual causation in climate cases can be established through a "flexible" approach requiring a "probable reduction in risk" or a "material contribution" test, rather than a strict "but-for" test.
• The report highlights that the 'polluter pays' principle is already integrated into South African law via section 2(4)(p) of the National Environmental Management Act 107 of 1999 (NEMA).
• The document proposes that windfall taxes on fossil fuel and financial sector companies could provide urgent resources for a Just Transition Fund, climate resilient infrastructure, and compensation for vulnerable communities.

APA

Abdinor, B., & Sithole, M. (2024). Polluter for Climate Change Loss and Damage. Centre for Environmental Rights. https://cer.org.za/wp-content/uploads/2024/03/Polluter-Pays.pdf?x21779

Chicago

Abdinor, Brandon, and Michelle Sithole. Polluter for Climate Change Loss and Damage. Centre for Environmental Rights, 2024. https://cer.org.za/wp-content/uploads/2024/03/Polluter-Pays.pdf?x21779.

Wikipedia

{{cite report |last1=Abdinor |first1=Brandon |last2=Sithole |first2=Michelle |title=Polluter for Climate Change Loss and Damage |publisher=Centre for Environmental Rights |date=28 February 2024 |url=https://cer.org.za/wp-content/uploads/2024/03/Polluter-Pays.pdf?x21779 |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{abdinor2024polluter, author = {Abdinor, Brandon and Sithole, Michelle}, title = {{Polluter for Climate Change Loss and Damage}}, institution = {Centre for Environmental Rights}, year = {2024}, month = feb, url = {https://cer.org.za/wp-content/uploads/2024/03/Polluter-Pays.pdf?x21779}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }