A significant milestone was achieved in South Africa's environmental policy when the President signed the Climate Change Act into law. While it is South Africa’s first move towards a comprehensive piece of legislation intending to encourage the development of an effective climate change response in the country, there are challenges.

This is according to Khatija Kapdi from Dentons South Africa, who says that while the Act serves as the roadmap for South Africa’s transition to a low-carbon and climate-resilient economy, the implementation of the Act will only be effective when the competing demands and interests of the South African people, the planet, and profitability are adequately balanced.

“The Act’s positive potential for the environment, coupled with the drive towards sustainable development and growth, makes it a critical step for a better future,” says Kapdi. “However, balancing economic prosperity with environmental consciousness is imperative in a just transition.”

She adds that provided its complexity, the implementation of climate change mitigation generates tensions which must be proactively addressed to respond to developing changes.

“For most Global Majority countries, the climate change crisis is not only an issue of environmental justice but it is also an issue of social justice - affecting billions of people and their environments with dire effects on the longevity of global sectors and industries” says Kapdi.

She adds that fundamentally, the climate crisis makes the world more uncertain and volatile and presents an often unpredictable changing economic and environmental landscape.

“The Act must also be supported by a shift in public and corporate consciousness towards the sustainability of the planet and its people to have the desired effect of adequately preparing and protecting all South Africans and the environment, of which we are all the custodians, from the impact of climate change,” says Kapdi.

Positively, she says that the Climate Change Act is expected to catalyse South Africa's transition towards a greener and more resilient economy, which makes it a landmark moment. She adds that the law clearly reflects a national alignment with growing global environmental, social, and governance (“ESG”) goals and pressures, but cautions that South Africa must find its own balance between environmental consciousness, social impact, and clean governance.

“Regulating and legislating the climate-related responses and expectancies will undoubtedly ease and facilitate engagements and investments made in response to ESG.”

Lastly, says Kapdi, given that it is a continental milestone, others are likely to follow in South Africa’s footsteps.