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The Heat is On: Local Government and Climate Governance in South Africa

Published online by Cambridge University Press:  24 March 2014

Anél du Plessis  and
Louis J Kotzé
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Abstract

Departing from the fact that climate change poses localized effects, this article critically considers from a legal perspective the role of local authorities in the South African government's response to climate change. A brief review of the relevance of climate mitigation and adaptation is followed by an explanation of what these concepts mean for local government. The article then discusses the extent to which the country's environmental and local government law and policy framework provides for municipalities' participation and involvement in climate governance. The article identifies strengths and weaknesses in relation to the local sphere of government's formal involvement in climate governance vis-à-vis authorities in the provincial and national spheres. It concludes that, as a result of their proximity to the effects of climate change, municipalities have a critically important role to play in the climate governance effort, despite the patchwork of environmental and local government laws and lack of explicit, consolidated policy and legal arrangements to this effect.

Type
Research Article
Information
Journal of African Law , Volume 58 , Issue 1 , April 2014 , pp. 145 - 174
Copyright
Copyright © SOAS, University of London 2014 

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71 Id, sec 26, sec 15(2) of the National Environmental Management: Air Quality Act 39 of 2004 and sec 48 of the National Environmental Management: Biodiversity Act 10 of 2004.

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73 NEMA, sec 2(1)(a).

74 Id, sec 2(1)(e).

75 Id, secs 2(1)(e)(vii)–(viii).

76 Id, sec 2(4)(b).

77 The “best practicable environmental option” is defined by id, sec 1, as “the option that provides the most benefit or causes the least damage to the environment as a whole, at a cost acceptable to society, in the long term as well as in the short term”.

78 Id, sec 2(4)(c).

79 Adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005.

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81 South Africa follows a partly dualist approach to the incorporation of international law in its jurisdiction.

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111 Id, sec 12.

112 Id, sec 13.

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116 Id, sec 42(1).

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121 Id at 11.

122 Id at 12.

123 Id at 11–12 and 15.

124 Id at 15.

125 Id at 13.

126 Id at 22.

127 Id at 31–32. Both programmes make provision for the direct involvement of local government.

128 Id at 32.

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130 CCR White Paper, above at note 12 at 97.

131 Ibid.

132 Ibid.

133 See the Constitution, secs 156(4)(a)–(b).

134 CCR White Paper, above at note 12 at 36–37.

135 Id at 39 and 46.

136 Chaps 2 and 7.

137 This should be done in line with the provisions on co-operative governance. See the Constitution and the Intergovernmental Relations Framework Act 13 of 2005, sec 41.

138 The Systems Act, chap 5.

139 Similar to the UK Climate Change Act of 2008, for example. For a discussion of the legal implications of this act, see Macrory, R “The UK Climate Change Act - Towards a brave new legal world?” in Backer, IL et al. (eds) Pro Natura (2012, Universiteitsforlaget) 306Google Scholar.

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