PODCAST | Rising tide of climate litigation

The goal for the energy sector in SA is to move to 42% non-fossil fuel sources by 2030, but this is unlikely to be a smooth ride. Business Law Focus host Evan Pickworth interviews senior associate in the dispute resolution department at ENSafrica, Beverley Oosthuizen, to discuss the most likely, increasingly likely and less likely forms of climate litigation as climate action intensifies.

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The Context

SA has delivered a Nationally Determined Contribution and a Low-Emission Development Strategy 2050 in terms of the Paris Agreement. The goal of the Paris Agreement is to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and limit the temperature increase to 1.5°C above pre-industrial levels to avoid further climate change effects. SA is also one of 196 signatories to COP21 (December 12 2015).

SA’s energy framework includes the Climate Change Bill, 2022, which will aim to enable the development of an effective climate change response and a long-term, just transition to a low-carbon and climate-resilient economy and society for SA. This will occur in the context of sustainable development and to provide for matters connected therewith.

SA’s Just Energy Transition Partnership (JETP) relates to investment aimed at supporting the accelerated decarbonisation of SA’s energy sector (away from coal) and providing support to workers and communities affected by the transition away from coal.

The goal for the energy sector is move to 42% non-fossil fuel sources by 2030.

It is expected that a rise in climate action will lead to a rise in climate-related litigation. This will include claims related to “greenwashing” (misleading the market and consumers), public law challenges, investor-state dispute settlements, financial disclosure and director-duty claims can be expected.

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