SA’s Climate Change Act comes into effect but key provisions delayed

South Africa’s Climate Change Act has officially come into force following its proclamation by President Cyril Ramaphosa but key provisions have been delayed, leaving gaps in the regulatory framework for the energy transition.

The Act, published in the Government Gazette on March 17, provides a legislative framework for the country’s long-term transition to a low-carbon economy, reinforcing the push for renewable energy.

However, the implementation of certain sections of the Act has been deferred to a later date to allow for the development of supporting regulations. These provisions include the establishment of the Presidential Climate Commission, climate response strategies at provincial and municipal levels, national adaptation measures, greenhouse gas reduction targets, carbon budgets and climate-related financial incentives and disincentives.

“The delays create regulatory uncertainty for energy producers, particularly in relation to carbon budgets and emissions reduction obligations, which could impact investment in renewables and Eskom’s decarbonisation plans. Without clear financial incentives and penalties, the delays in implementing these provisions could hold back South Africa’s energy transition as independent power producers and high-emission industries await clarity on compliance requirements,” a source told Energize.

“The reason for deferring these specific provisions is that the Department of Forestry, Fisheries and the Environment (DFFE) is developing a set of regulations that will enable implementation of these provisions. Some of the draft regulations are at an advanced stage of development and will be gazetted for public input and comment soon,” the DFFE said in a statement.

“The Act represents a critical milestone not just for environmental sustainability but for economic development and job creation. We are committed to ensuring that climate action becomes a catalyst for driving economic growth, creating jobs and building a sustainable future for South Africa,” says Minister of Forestry, Fisheries and the Environment Dr Dion George.

For more information, the Climate Change Act and related proclamations can be accessed here: