Climate Change, Energy, and Sustainable Development in South Africa: Developing the African Continent at the Crossroads Edson L
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Sustainable Development Law & Policy Volume 9 Article 17 Issue 2 Winter 2009: Climate Law Reporter 2009 Climate Change, Energy, and Sustainable Development in South Africa: Developing the African Continent at the Crossroads Edson L. Meyer Kola O. Odeku Follow this and additional works at: http://digitalcommons.wcl.american.edu/sdlp Part of the Energy and Utilities Law Commons, Environmental Law Commons, International Law Commons, and the Natural Resources Law Commons Recommended Citation Meyer, Edson L and Kola O. Odeku. “Climate Change, Energy, and Sustainable Development in South Africa: Developing the African Continent at the Crossroads.” Sustainable Development Law & Policy, Winter 2009, 49-53, 74-75. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. CLIMATE CHANGE , ENE R GY , AN D SU S TAINABLE DEVELOPMENT IN SOUTH AF R ICA : DEVELOPING THE AF R ICAN CONTINENT AT THE CR O ssr OA ds by Professor Edson L. Meyer* & Dr. Kola O. Odeku** IN T RO D UC ti ON Interestingly, it is not only African leaders who believe that arious scientific research has confirmed that climate developing countries should vigorously pursue energy intensive change has started affecting the atmosphere and, in par- economic activities. Some African pundits and their collabora- Vticular, the African continent.1 International concerns tors have also supported this position by asserting that “whether regarding climate change are now overwhelming as various gov- climate change proves benign or harmful, attempting to control ernments of the world create policies and measures to reduce the it through global regulation of emissions would be counterpro- carbon dioxide emissions that cause climate change. The African ductive” because it would not engage individuals in sustainable continent is likely to be severely affected by climate change if development activities that improve their quality of life.12 the warming continues2 because There is a price to be paid institutional capacities to com- for this inaction and lackadaisi- bat the changing weather are cal attitude. Any major catastro- not in place.3 The irony is that Climate change is a grave phe from climate change would developing African countries are affect the natural resources and more concerned with the issues threat to South Africa economies of African nations.13 of access to energy (modern It might also result in “struggle fuels and electricity) in order to and a major obstacle for food, energy, and water as improve and increase industrial to continued poverty they lack resources and capac- production and output, economic ity to quickly adapt.”14 These growth,4 and development,5 as reduction across its many negative impacts may “under- opposed to policies that would mine sustainable development, reduce carbon dioxide emissions dimensions. increase poverty, and delay and halt climate change.6 or prevent the realization of There is ample consensus the Millennium Development that sustainable development involves an integration of environ- Goals.”15 This could lead to a situation where millions would be mental protection and economic growth.7 Economic growth can forced to migrate to other regions of the world.16 still be attained through alternative energy sources as opposed to fossil fuels. Due to the global nature of climate change and SOU T H AF R I CA AS A CASE ST U D Y the unpredictability of its likely impacts, the cooperation of all South Africa, as a developing country, is the most industri- countries is required to successfully address it. One approach that alized within the African region. It is well endowed with natural should be considered in order for developing African countries resources such as coal, gold, diamonds, metals, and minerals. to grow their economies by utilizing their natural resources with- Its overall economy is chiefly dependent on energy production out contributing to climate change is encouraging more environ- and use, with coal accounting for seventy-five percent of the fos- mentally sustainable energy sector expansion. South Africa is sil fuel demand and ninety-one percent of electricity generation. currently the first nation in Africa to utilize this approach, which The energy sector contributes approximately fifteen percent of is the primary reason it has been chosen as a case study. gross domestic product and provides around 250,000 jobs.17 While developing countries are the most vulnerable to the Compared to other African countries, the South African econ- impacts of climate change, they do not perceive or consider cli- omy is energy-intensive and the energy consumption rate is very mate change as a priority or serious matter to be handled with high. This is mainly due to the heavy mining industries, such levity.8 Instead, most African leaders and policy makers have as iron and steel, cement, aluminum, etc. Furthermore, it is the linked the issue of energy and natural resources to poverty alleviation,9 which they consider the major challenge facing the continent.10 They have consistently invoked the UN Millennium *Prof. Edson L. Meyer is the Director Fort Hare Institute of Technology, Univer- sity of Fort Hare Alice, 5700 Eastern Cape South Africa. **Dr. Kola O. Odeku is Development Goals (“MDGs”) to support their positions and a Research Fellow at Fort Hare Institute of Technology, University of Fort Hare validate their actions.11 Alice, 5700 Eastern Cape South Africa. 49 SUS T A I NABLE DEVELOPMEN T LAW & POL I CY most electrified country in Africa; electricity plays a pivotal role impacts; and securing supply through diversity.25 However, in the economy and improves the quality of life of the previously aggressive approaches to increasing access to affordable energy disadvantaged majority in addition to supporting large-scale services to stimulate economic growth have been without regard industrial development.18 to the environmental impacts.26 South Africa is fully committed to growing its economy In South Africa, energy sector activities are the largest through exploration and use of energy resources to meet its sources of greenhouse gas (“GHG”) emissions, accounting for development objectives.19 When the country attained indepen- about eighty-nine percent of the total emissions.27 More impor- dence in 1994, the issues of climate change and global warm- tantly, electricity is mainly supplied by Eskom, a public utility ing were not a priority and the company, based on coal-fired perceived “linkages between systems; this accounts for nine- sustainable development and ty-one percent of all electricity climate change issues were very This was a clear produced in the country, and weak.”20 Be that as it may, there there is continuous increase in has been scientific evidence that indication of political will demand.28 Increase in electricity climate change is far more rapid supply based on coal-fired sys- and dangerous than thought ear- by governments worldwide tems has lead to increased car- lier.21 The government has now bon dioxide emissions.29 realized that climate change is a to combat climate change. As a result of the high lev- grave threat to South Africa and els of energy production and a major obstacle to continued consumption, there are high lev- poverty reduction across its many dimensions. This is a great els of particulate concentrations in South Africa.30 High level of concern that calls for a change in attitude to make the issue of particulate matter results in “serious environmental and health climate change a major priority. Bearing this in mind, South problems because air quality, land, water, and forest resources Africa is beginning to proactively link its objectives with climate have been severely degraded.”31 The use of coal, wood, paraf- change priorities within a sustainable development framework. fin, and candles for cooking, heating, and lighting also exposes households to hazardous levels of indoor air pollution and the THE ERA O F TURN I NG UP T HE HEA T I N risk of fire. Illness and death can result.32 SOU T H AF R I CA The aggressive drive by the South African government Since 1994, various government policies, legislation, and to grow the economy by utilizing energy intensively without regulations in South Africa have been primarily based on the regard to the negative consequences has put South Africa at a development paradigm that addresses the injustices of the past crossroads. However, the government has now decided to live and focuses on the provision of basic needs, equity, employment up to its responsibility by implementing drastic measures to creation, and economic growth for all South Africans by utiliz- reduce carbon dioxide emissions to mitigate the affect of poten- ing available natural resources, in particular energy from coal. tial catastrophes on what has been gained through economic Consequently, the issue of integrating energy, economic growth, growth. and environment has not been a major concern. This deliber- ate oversight on the part of the government created a major bar- THE ERA O F TURN I NG DOWN T HE HEA T I N rier to integrating climate change into South Africa’s vision of SOU T H AF R I CA a sustainable development pathway. There has been a lack of an The threat of global climate instability and its likely impacts adequate policy approach to consider energy and climate change on countries worldwide led to the signing and subsequent rati- objectives alongside each other, as well as a lack of institutional, fication of the United Nations Convention on Climate Change human, legal, and financial capabilities.22 Furthermore, South (“UNFCCC”).