Symbolism and Functionality in South Africa’s Climate Law

The adoption of the Climate Change Act 22 of 2024 marks a milestone in the development of a comprehensive climate law for South Africa. While climate law in the country is moving towards maturity, it is critical to evaluate what kind of norms it contains. Are these norms classical legal norms that are enforceable by courts and other legal authorities, or is their role symbolic? If the latter is the case, what is the impact of such norms? This article assesses whether South Africa’s Climate Change Act is symbolic or functional, what effect to expect from the Act, and how the regulation can be improved. Assessing South African climate law through the lenses of symbolism and functionality is significant because the country is one of the most coal-dependent economies in the world, and has economic development and poverty eradication as its priorities. In this context, there is a risk of resistance to climate law working at full force to move the country away from fossil fuels as a necessary response to the climate-change challenge.