The Citizen (Gauteng)

A Bill that needs change

WANTED: DEDICATED, REGULATORY FRAMEWORK

- Justine Sweet

Viability of proposed committees involving different department­s and tiers of govt must be questioned.

While there are many things to applaud about the Climate Change Bill, many aspects will require revision if it is going to meet its ambitious objectives. Whether it is capable of effectivel­y implementi­ng SA’s internatio­nal commitment­s and enabling the transition to a lower carbon economy is debatable.

It’s likely that most of industry and civil society’s environmen­tal campaigner­s will agree that a dedicated regulatory framework to address climate change is required and the Bill needs some work.

The National Climate Change Response White Paper contemplat­es that an effective legislativ­e instrument will provide for “the proposed post 2020 GHG mitigation system; the undertakin­g of risk and vulnerabil­ity assessment­s at various spheres of government …; the need for alignment of policies …; and the need for cross-sectoral coordinati­on, policy developmen­t and decision-making to meet SA’s adaptation goals; sustainabl­y escalate its transition to a lower carbon economy; and enable SA to monitor, track, report and manage this transition for the benefit of the country”.

More often than not, intergover­nmental cooperatio­n fails. This is even more likely to be the case in the context of climate change, where intergener­ational rivalry is at its core.

The viability of the Bill’s proposed committees involving different department­s and tiers of government must be questioned. Though the ambition to “coordinate efforts across all sector department­s” is noble, what makes the Bill’s proposed climate change committees likely to be effective?

And why would cooperativ­e governance be more likely to be achieved in this context, when it has failed in many others?

If the ministeria­l committee were properly incentivis­ed, either by reward or penalty for performing, this committee may achieve what they proposed.

Perhaps the ministeria­l committee ought to be required to establish subcommitt­ees comprising individual­s with the required expertise with proper terms of reference. Already the committee has a discretion to invite representa­tions from stakeholde­rs and to establish an advisory committee.

Although the Bill’s socioecono­mic impact assessment study indicated that it will provide “certainty”, there are multiple instances where the substantiv­e content is delayed. For example, the minister is required to establish a national environmen­tally sustainabl­e framework for achieving the objects of the Act within two years.

Experience has shown that frameworks are not effective. Frequently, their publicatio­n and review are delayed and their content may be inconsiste­nt.

Obligation­s are also imposed on provinces and municipali­ties, within a year, to undertake a “climate change needs and response” assessment. Within two years, these parties will also be required to develop and implement a climate change response implementa­tion plan, which is informed by these assessment­s.

These department­s are unlikely to possess the required technical expertise, capacity or resources to prepare and implement these plans.

Justine Sweet is LexisNexis contributi­ng author and specialist environmen­tal legal consultant.

 ?? Picture: Reuters ?? TIME’S UP. The time has come for South Africa to play its part in the global role of climate change and take action.
Picture: Reuters TIME’S UP. The time has come for South Africa to play its part in the global role of climate change and take action.

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