Open AccessClimate Change Interventions in South Africa: The Significance of Earthlife Africa Johannesburg v Minister of Environmental Affairs (Thabametsi case) [2017] JOL 37526 (GP)
Author(s) -
Ademola Oluborode Jegede,
A.W. Makulana
Publication year - 2019
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v40i2.11271
Subject(s) - climate change , kyoto protocol , greenhouse gas , political science , government (linguistics) , united nations framework convention on climate change , surprise , sustainable development , convention , global warming , environmental resource management , development economics , geography , law , sociology , environmental science , economics , ecology , linguistics , philosophy , communication , biology
South Africa is exposed to climate vulnerabilities owing to its socio-economic and environmental situations. It is, therefore, not a surprise that it is a signatory to: the United Nations Framework Convention on Climate Change the Kyoto Protocol ; and the 2015 Paris Agreement, and has endorsed the Sustainable Development Goals, and thereby committed to contribute to the global effort to reduce and mitigate greenhouse gas (GHG) emissions.Both the Paris Agreement in its article 3 and SDG No. 13, respectively, require every nation to undertake effort with a view to addressing climate change. The application of the above instruments for the purpose of addressing climate change is important but, in reality, states hardly divert their attention to climate change while pursuing economic development objectives. Whether and to what extent a court can compel government and its agents in South Africa to take the impact of climate change into consideration in its developmental pursuit is the main subject matter of Earthlife Africa Johannesburg v Minister of Environmental Affairs (Thabametsi) ((2017) JOL 37526 (GP)). Although a High Court decision, Thabametsi is the first case of its kind to engage with climate-change impact assessment in South Africa.