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1. United Nations Expert Group
Meeting on Climate Change and
Sustainable Development: The South
African Experience
Presented by: C.A. Tham (South Africa)
15 – 16 0CTOBER 2008
NEW YORK

2. Outline of Presentation
 Social Context and Background of South Africa.
 Legal Reforms to Legitimize Concept of Sustainable
Development.
 Section 24 of Constitution of SA.
 Development of Legal Mechanism to enhance
Sustainable Development.
 National Framework on Sustainable Development
 Air Quality and Climate Change Indicators
 Climate Change and Indicators of Sustainable
Development
 Conclusion & Recommendations

3. Background and Social Context of
South Africa (SA)
 SA has a medium development index,equivalent to a
rank of 111 out of 175 countries (UNDP 2003).
 High levels of inequality between people, places,
genders, etc.
 Legacy of apartheid has left enormous disparities in
wealth and massive backlog in service provision (eg:
assess to potable water, electricity & adequate
sanitation).
 Severe insecurity of land tenure, especially for people
poor in both urban and rural areas.
 Recently HIV/AIDS and unemployment is having
negative impact on the socio-economic context

4. Legal Reforms to introduce Concept of
Sustainable Development in SA
 New Constitution with Bill of Rights adopted in 1996
(Chapter 2):
 Everyone has the right to have access to adequate
housing (Section 26);
 Everyone has the right to have access to health care
services, sufficient food and water (Section 27);
 Everyone has the right to basic education (Section 29);
 Everyone has the right to fair labour practices (Section
23);
 Everyone has the right to an environment that is not
harmful to their health or wellbeing (Section 24).

5. Section 24 of Constitution
“Everyone has the right –
(a). To an environment that is not harmful to their health
or wellbeing; and
(b). To have the environment protected for the benefit of
present and future generations, through reasonable
legislative and other measures that –
(i) prevent pollution and ecological degradation
(ii) promote conservation and
(iii) secure ecologically sustainable development and
use of natural resources while promoting justifiable
economic and social development”.

6. Development of Legal Mechanisms to
Enhance Sustainable Development
 The Constitution (Act 108 0f 1996)
 Environmental Policy of South Africa
 National Environmental Management Act (NEMA) Act
107 of 1998).
 NEMA: Protected Areas Act (Act 57 of 2003)
 NEMA: Biodiversity Act (Act 10 of 2004)
 NEMA: Air Quality Act (Act of 2004)
 NEMA: EIA Regulations 2006
 NEMA: Integrated Coastal Management Bill
 NEMA: Integrated Waste Management Bill

7. Development of Legal Mechanisms to
Enhance Sustainable Development
SUSTAINABLE DEVELOPMENT
NEMA: EIA Regulations
AIR QUALITY ACT
NEMA: BIODIVERSITY ACT
NEMA: PROTECTED AREA ACT
NEMA (ACT 107 0F 1998)
THE CONSTITUTION OF SOUTH AFRICA
(Act 108 of 1996)

8. National Framework on Sustainable
Development (NFSD)
 In Johannesburg at WSSD 2002, JPOI was adopted
which sets 37 targets for sustainable development as
well as meeting MDG goals.
 In response to JPOI, South Africa has developed a
National Framework for Sustainable Development
(NFSD).
 Purpose of NFSD: (In two-fold)
(i) To articulate South Africa’s vision for sustainable
development
(ii) Specify strategic interventions in order to re-orientate
South Africa’s development path in a more sustainable
direction.

9. National Framework on Sustainable
Development (Cont’d)
 NFSD seeks to build on existing national programmes
and strategies that have emerged over last 14 years.
 NFSD proposes a national vision and principles for
sustainable development.
 NFSD proposes focus areas (e.g.: climate change) for
strategic intervention.
 NFSD will act as guideline for the development of the
National Strategy and Action Plan for sustainable
development.
 The NFSD will be utilized by all social partners, and
organs of state within national, provincial and municipal
spheres to refine and realign their policies and decision-
making systems in order to promote sustainable
development.

10. National Vision for Sustainable
Development from the NFSD
“South Africa aspires to be a sustainable,
economically prosperous and self-reliant nation
state that safeguards its democracy by meeting
the fundamental human needs of its people, by
managing its limited ecological resources
responsibly for current and future generations,
and by advancing efficient and effective
integrated planning and governance through
national, regional and global collaboration”
(NFSD 2008)

11. Principles for Sustainable Development
from NFSD
Fundamental principles which relates to fundamental
human rights as enshrined in the national Constitution:
 Human dignity and social equity
 Justice and fairness
 Democratic governance
Substantive Principles:
 Efficient and sustainable use of natural resources
 Socio-economic systems are embedded within, and dependant
upon, eco-systems
 Basic human needs must be met to ensure resources necessary for
long-term survival are not destroyed for shot-term gain.

12. NFSD & Sustainable Development
Indicators
 National Framework for Sustainable Development
(NFSD) will contribute towards the development of a
coherent set of sustainable development indicators for
the nation.
 At present, individual organizations and institutions have
their own set of indicators for sustainable development.
 Intention of NFSD is to co-ordinate the fragmented
indicators and come up with one national set of
indicators.

13. Sustainable Development Indicators and
Municipalities (Local Authorities)
 It is now a statutory requirement for all local authorities in
SA to developed an Integrated Development Plan (IDP)
projecting their developments goals in a timeframe of a
5-year term (MSA Act of 2000).
 Annual IDP reviews are undertaken every year to
establish among other things how municipalities have
incorporate the principles of sustainability in their IDP
documents.
 National and Provincial departments of Environment
have a set of sustainability indicators that are utilized to
review the IDP documents.

14. IDP Review and Sustainable
Development Indicators
 Has sustainable development principles as espoused in
NEMA being incorporated in the IDP document?
 Is there compliance with NEMA EIA Regulations on all
projects identified in the IDP document?
 Is there compliance with enviro-sectors plans eg: Air
Quality Plans, Coastal Management Plans, Waste
Management Plans, etc?
 Is there a SEA as a layer to the IDP document?
 Has an EMF being developed for environmental
sensitive geographical areas in the municipality?

15. Climate Change and Indicators of
Sustainable Development
 Examples of Climate Change in SA:
(i). Extreme weather patterns
(ii). Rise in sea levels
(iii). Floods and droughts
(iv). Erosion of coastal shore lines
(v). Scarcity of water in the Western Cape area, etc.

16. Recent (2007/08) Examples of Climate
Change

17. Recent (2007/08) Examples of Climate
Change

23. Some Impacts of Climate Change
 Reduced crop yield due to prevailing drought in
Zululand.
 Impact on tourism as coastal resorts were destroyed in
recent high tides.
 Unemployment as resorts workers are left without a job.
 Knock-on effect on dependants and family members’
quality of live as bread winner in family is without a job.
 Increased coastal erosion along the Kwa-Zulu Natal
Coastline
 Lost of residential properties and other personal
belongings as sea level rises.
 Higher temps. has a negative influence on livestock.

24. The wrath of the climate change at its best!!

25. `
Tinley Manor

26. The Galley, Ballito

27. Climate Change Status Quo:
National/Provincial Initiatives
 Adoption of the National Climate Change Response
Strategy in 2005.
 Recent adoption of cabinet of a Proposal on Climate
Change Policy Development (July 2008).
 Formation of Climate Change Steering Committees at
provincial level.
 Steering Committees comprising of all relevant
government department and local authorities.
 Core functions of steering committees is to develop an
Action Plan to mitigate impacts of climate changes in
provinces (Eg: KZN Province).

28. Air Quality & Climate Change Indicators
 Is there an adopted Air Quality Management Plan for the
municipality in compliance with NEMA Air Quality Act?
 Is there a designated air quality officer responsible for
coordinating matters pertaining to air quality
management in the municipality?
 Are there adequate/effective air quality monitoring
equipments in the municipality?
 Percentage of key pollutants monitored according to the
specifications in the National Air Quality Framework.
 Degree of exceedence of national standards for ambient
concentrations of key pollutants in the municipality.

29. Air Quality & Climate Change Indicators
(Cont’d)
 Number of air quality related complaints received by the
local municipality per year.
 Change in trends in levels of SO2, NO2, & PM10 in a
local municipal area.
 Percentage change in the number of daily exceedance
of 24hrs average SO2, NO2, & PM10, South Africa
standards.
 Percentage change in total particulates in a local
municipal area.
 Percentage of key pollutants monitored in a local
municipal area according to the specifications in the
National Air Quality Framework.

30. Climate Change Indicators
 Is there an adopted Coastal Management Plan for the
relevant coastal municipality?
 How are many coastal sustainable livelihoods project
have been initiated per annum?
 Percentage of coastal municipalities with a proclaimed
‘coastal set back line’ in accordance with the Coastal
Management Bill
 Percentage of coastal management committees formed
and operational.
 What is the economic value of the coastal goods and
services on the municipality

31. Conclusion & Recommendations
 Adaptation Strategies for Communities facing
climate change as a challenge:
 Action Plans of provincial Steering Committees on Climate Change must
come up with such Adaptation Strategies.
 Climate change indicators to be developed and incorporated into Coastal
management Plans for Coastal Municipalities.
 Provincial/National Govt. must provide funds for adaptation strategies.
 Education, Training and Awareness:
 Literacy campaigns within vulnerable communities (e.g.: informal
settlements) must be initiated and intensified.
 EG: Seminars, Workshops, Dramas& Plays, TV/Radio Advertisements, etc.
 Introduction of climate change in school curricula, etc.

32. Recommendation (Cont’d)
 On the global front:
A more ‘robust’ and legally binding framework on
sustainable development must be investigated by the UN
at the next earth summit. (Just like the IPCC in 1988
which later developed into a ‘Convention’ as UNFCCC).

33. For More Info:
Contact:
Mr. C.A. Tham (MEnvDev)
KZN Department of Agriculture and Environmental Affairs
Private Bag X9059
Pietermaritzburg 3200
Tel: +27 33 355 9427
Fax: +27 33 355 9614
Email: Christian.Tham@dae.kzntl.gov.za
Cell: +27 82 886 4076
National Website: http//www.environment.gov.za
Provincial Website: http//agriculture.kzntl.gov.za

34. Winston Churchill
“The pessimist sees difficulty in every opportunity.
The optimist sees the opportunity in every
difficulty”

35. THANK YOU!!!