OUR BURNING PLANET OP-ED: Is South Africa ripe for a climate change class action lawsuit?

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OUR BURNING PLANET OP-ED: Is South Africa ripe for a climate change class action lawsuit? By Brandon Abdinor

The 2018 version of the UN’s IPCC report warned that we have just 12 years to limit devastating climate change. That means we need to pull out all the stops, and will inevitably include approaching the courts to compel reluctant agencies to align with this need.

anyone acting as a member of, or in the interest of, a group or class of persons” may approach the court for redress for an infringement of the rights contained in the Bill of Rights. That the relief sought, or damages claimed, flow from the cause of action and are ascertainable and capable of determination;

The State is likely to defend a claim that it is not taking appropriate or sufficient action. The Climate Change Bill was introduced in June 2018, with the period for public comment ending two months later. The objects of the Act are to:Enhance the nation’s adaptive capacity, strengthen resilience and reduce vulnerability to climate change; and

Adaptation measures are also enabled, as is the broad framework for limiting GHG emissions via an “emissions trajectory” that must be established by the minister. Empowering the establishment of sectoral emission caps and carbon budgets, the Bill is an apparently reasonable mechanism that would enable a committed state to address climate change.

The Department of Energy could find itself the target of action in its capacity as author and guardian of the Integrated Resource Plan which determines the mix of electricity generation. The latest 2018 version was subject to public debate late last year and is now in a closed-door review process. The plan maps out generation sources up to 2030 and envisages 46% coal-fired power and 16% gas at that time.

 

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