Even by the standards of the African National Congress (ANC), the 2022 Climate Change Bill is an absurdity.
For starters it subverts the efforts of Sipho Nkosi, announced earlier this year by Cyril Ramaphosa, to “cut red tape across government”. It will spawn an industry of “climate consultants” to be financed by taxpayers, ratepayers, and consumers. New cadre-filled, racially-preferenced, and well-paid bureaucracies will be set up. And, of course, the environment minister will be given extensive regulatory powers.
The memorandum attached to the bill states that the main object thereof is “to enable the development of an effective climate change response and the long-term, just transition to a climate resilient and lower-carbon economy”. The bill itself says that the “limits of current knowledge about causes and effects of climate change must be taken into account”. Also, decisions on mitigation and adaptation strategies must be based on the “best available science, evidence, and information”.
Although the bill thus pays lip service to the “limits” of current knowledge and the need to base strategies on the “best available science” and “evidence”, its preamble makes clear its opinion that “anthropogenic climate change represents an urgent threat to human societies and the planet”, inter alia via the “increased frequency and intensity of extreme weather events”. These, it says, will affect, among other things, “human health, access to food and water, biodiversity, habitats and ecosystems, the coast and coastal infrastructure, and human settlements”.
The minister is accordingly empowered to gazette a “national greenhouse strategy”, along with a list of such gases as the minister believes are likely to cause or exacerbate climate change. She must then publish a list of activities which emit one or more of the said gases, after which she must “allocate a carbon budget to every person undertaking a listed activity”. She is also empowered to determine emissions targets for “sectors and subsectors” that she chooses to list.
The bill further requires the minister to “identify synthetic greenhouse gases which must either be phased out or phased down”. Carbon budgets may be allocated here too. A “national greenhouse inventory report” must be published each year.