Climate Change and South Africa: A Critical Analysis of theEarthlife Africa Johannesburg and Another v Minister of Energy and Others 65662/16 (2017)Case and the Drive for Concrete Climate Practices

Abstract

The findings and recommendations of this article will redound to the benefit of society considering that climate change regulation plays an important role in the promotion of a sustainable environment. The greater demand for a clean and healthy environment justifies the need for more effective regulation of climate change, and this can be achieved through climate change impact assessments. In the High Court case of EarthLife Africa Johannesburg v Minister of Environmental Affairs and Others, the court considered what the impact of the Thabametsi Power Project on the global climate and the changing climate will be if it is operated to the expected year of 2060. This judgement highlights the significance, place, and principles of climate change impact assessments in South Africa’s environmental law that has its founding principles in the Constitution of the Republic of South Africa, 1996. The Thabametsi-case contributed to environmental litigation in the manner as to how equality and the rule of law have been addressed in the court. This paper will examine the advances for climate change regulation in a jurisdiction where the Environmental Impact Assessment (EIA) Regulations currently refer to climate change explicitly.