UN climate chief calls for faster action as Bonn climate talks begin

The recent call by the UN climate chief, Simon Stiell, for accelerated implementation of climate commitments at the Bonn talks underscores a critical legal imperative for nations, including South Africa. Stiell's warning against fossil fuel dependence, linking it to economic instability and worsening climate impacts, highlights the growing legal risks associated with climate inaction. For South African legal professionals, this translates into heightened scrutiny of environmental compliance, corporate governance, and the potential for increased climate litigation. The country's robust constitutional environmental rights, coupled with recent legislative developments like the Climate Change Act 22 of 2024 and the Carbon Tax Act 15 of 2019, create a compelling framework demanding proactive and demonstrable steps towards decarbonisation and climate resilience. Practitioners must advise clients on navigating these evolving legal landscapes, ensuring alignment with both international obligations and domestic statutory duties.

The global climate agenda received a stark reminder of its urgency at the recent UN mid-year climate talks in Bonn, where Simon Stiell, the UN climate chief, issued a forceful call for governments to expedite the implementation of their climate commitments. Stiell's warning was unequivocal: continued reliance on fossil fuels is not only driving economic instability but also exposing countries to increasingly severe climate impacts. This pronouncement serves as a critical signal for legal professionals worldwide, particularly in jurisdictions like South Africa, which faces significant climate vulnerabilities and has a substantial reliance on fossil fuels.

For South African attorneys, Stiell's message is more than a political statement; it represents an intensification of existing legal obligations and a harbinger of future regulatory and litigation trends. The intersection of international climate agreements, domestic legislation, and a constitutionally entrenched right to a healthy environment creates a complex yet potent legal framework demanding accelerated action. This article will explore the implications of this global call for faster climate action within the South African legal context, examining the existing statutory and jurisprudential landscape and outlining the critical considerations for legal practitioners.

South Africa's commitment to addressing climate change is rooted in its Constitution and a series of international and domestic legal instruments. At the international level, South Africa ratified the United Nations Framework Convention on Climate Change (UNFCCC) in 1998 and the Kyoto Protocol in 2002. Crucially, the country ratified the Paris Agreement on 1 November 2016, making it a legally binding instrument that guides universal action on climate change. Under the Paris Agreement, South Africa submits Nationally Determined Contributions (NDCs), outlining its climate action plans and targets for emissions reduction and adaptation.

Domestically, the foundational environmental right is enshrined in Section 24 of the Constitution of the Republic of South Africa, 1996, which guarantees everyone the right to an environment that is not harmful to their health or well-being, and to have the environment protected for the benefit of present and future generations. This constitutional right underpins a robust legislative framework, including the National Environmental Management Act (NEMA) 107 of 1998, which provides principles for environmental management and decision-making, including sustainable development. More recently, the Climate Change Act 22 of 2024, assented to on 23 July 2024, establishes a legally binding national framework for achieving South Africa's emissions trajectory targets and institutionalises climate governance. Complementing this, the Carbon Tax Act 15 of 2019, effective from 1 June 2019, implements a tax on greenhouse gas emissions, embodying the 'polluter-pays principle' to incentivise decarbonisation.

The UN climate chief's urgent plea for faster action directly impacts the interpretation and enforcement of South Africa's climate change legal framework. The Climate Change Act 22 of 2024, though its full commencement date is yet to be proclaimed for all sections, is a pivotal development. It empowers the Minister of Forestry, Fisheries and the Environment to set Sector Emission Targets (SETs) and allocate company-specific carbon budgets, with strict monitoring, reporting, and verification requirements. Non-compliance carries significant penalties, including criminal offences with fines up to R5 million or imprisonment, administrative penalties for exceeding carbon budgets, and potential suspension of environmental authorisations. This statutory framework provides a clear legal basis for compelling entities to reduce their fossil fuel dependence and accelerate climate action.

Furthermore, the Carbon Tax Act 15 of 2019 reinforces the economic disincentive for high emissions. With Phase 2 of the carbon tax proposed to commence in January 2026, and the tax rate having increased to R236 per t/CO2e from January 2025, the financial implications for businesses with significant carbon footprints are substantial and growing. Legal practitioners must advise clients on managing these tax liabilities and exploring opportunities for emissions reduction to mitigate financial exposure. The Act's alignment with the 'polluter-pays principle' also signals a broader governmental intent to internalise the environmental costs of carbon-intensive activities.

South African jurisprudence has already demonstrated a willingness to enforce climate-related considerations. The landmark case of *Earthlife Africa Johannesburg v Minister of Environmental Affairs and Others* (the Thabametsi case) established that climate change impacts are relevant factors in environmental authorisations, even where not explicitly listed in regulations. The court set aside an environmental authorisation for a coal-fired power station due to the inadequate consideration of its climate change impacts. More recently, in *African Climate Alliance & Others v. Minister of Mineral Resources and Energy & Others* (the Cancel Coal case), the High Court declared the government's plan to add 1,500 MW of coal-fired power unlawful and invalid, citing violations of Section 24 and Section 28 (best interests of children) of the Constitution for failing to consider the human rights effects of coal power. These cases underscore the judiciary's role in holding the state and, by extension, private entities accountable for climate impacts, particularly concerning fossil fuel projects.

The interpretation of Section 24 of the Constitution as an unqualified right to an environment not harmful to health or well-being, as affirmed in cases like *Trustees for the Time Being of the Groundwork Trust v Minister of Environmental Affairs* (the Deadly Air case), provides a powerful tool for climate litigation. This means that state action or inaction that materially contributes to dangerous climate change, threatening human health or well-being, can be challenged, placing the burden on the state to justify its conduct. This legal landscape creates significant risks for entities that fail to transition away from fossil fuels or adequately address their climate impact, opening avenues for civil society organisations and affected communities to pursue legal redress.

The UN climate chief's call for faster action serves as a potent reminder that climate commitments are not merely aspirational but increasingly legally binding and enforceable. For South African legal practitioners, this translates into an urgent need to re-evaluate and strengthen their clients' climate governance strategies. The confluence of international obligations under the Paris Agreement, the prescriptive mandates of the new Climate Change Act, the economic levers of the Carbon Tax Act, and the robust constitutional environmental rights, backed by a proactive judiciary, creates a compelling legal environment for accelerated decarbonisation.

Practitioners must advise on comprehensive climate risk assessments, ensure compliance with evolving carbon budget allocations and reporting requirements, and conduct thorough due diligence on projects with significant greenhouse gas emissions. The potential for increased climate litigation, both against the state and private actors, necessitates a proactive approach to mitigate legal and reputational risks. As South Africa navigates its 'just transition' away from fossil fuel dependence, legal professionals will play a critical role in shaping compliant, resilient, and sustainable business practices, ensuring that the urgency articulated at the Bonn talks is translated into tangible legal action and outcomes.