Just Share has recently commented on three key pieces of climate policy:
- the draft second update of South Africa’s Nationally Determined Contribution, 2025 (draft second NDC), published by the Department of Forestry, Fisheries and the Environment (DFFE) on 30 July 2025;
- the draft national greenhouse gas carbon budget and mitigation plan regulations (draft regulations) and technical guidelines, published by DFFE on 1 August 2025; and
- the proposed amendments to the Carbon Tax Act, 2019, included in the draft Taxation Laws Amendment Bill, 2025 (TLAB), published by National Treasury and SARS on 16 August 2025.
These documents are significant features of the governance and legislative infrastructure that informs South Africa’s climate policy response. Unfortunately, they fall far short of what is needed to satisfy the country’s commitment to climate action and the just energy transition.
According to the International Court of Justice in its advisory opinion on the Obligation of States in respect of Climate Change issued in July this year, all states have a legally binding obligation under international law to protect the climate from harm caused by greenhouse gas (GHG) emissions. The court found that states must exercise the highest possible ambition in their climate actions, and that a failure to do so – or regressive actions – may constitute wrongful acts for which they can be held legally liable.
The United Nations Intergovernmental Panel on Climate Change (IPCC) Synthesis Report of the Sixth Assessment, released in March 2023, confirmed that there is a “rapidly closing window of opportunity to secure a liveable and sustainable future for all” and that “the choices and actions implemented in this decade will have impacts now and for thousands of years”. The IPCC highlights that “(r)apid and deep and in most cases immediate greenhouse gas emission reductions in all sectors are required to limit the worst impacts of the climate crisis.”
The draft second NDC does not meet South Africa’s legal and international obligations, nor does it represent our fair-share in the global effort to limit warming to 1.5°C. The amendments to the carbon tax set out in the TLAB show a significant retreat even from National Treasury’s modest proposals in its Carbon Tax Discussion Paper November 2024, while the draft carbon budget and mitigation plan regulations and guidelines risk undermining ambition, do not necessarily incentivise real reductions and lack sufficient measures to ensure transparency and justice in the carbon budget system.
The overall lack of ambition in these updated policies is at least in part due to the ongoing influence of the private sector – particularly heavy GHG emitters – over South Africa’s climate response.
Requests for information
Just Share has contacted the DFFE, National Treasury and SARS to request transparency around the submissions on the draft second NDC and the draft TLAB.
On 19 August 2025, Just Share requested whether the DFFE, National Treasury and SARS would commit to publicly disclose all submissions received, as well as records of related meetings, interactions, and engagements that inform the development of the NDCs and amendments to the Carbon Tax Act.
National Treasury responded positively, agreeing “that enhanced transparency will improve accountability and transparency in policymaking”. It committed to include in its acknowledgement of all submissions a message informing stakeholders that their submissions could be provided to external parties, unless they expressly object within 5 days of receiving the acknowledgement.
On the other hand, the DFFE, disappointingly, said that “the nature of the data and information being requested requires a (Promotion of Access to Information (PAIA) request) to be filed” as this is the “process in place to follow when records are being requested”.
This despite the fact that notices from DFFE in terms of which comments are invited state that “comments received and responses thereto are collated into a comments and response report (CRR) which will be made available to the public as part of the consultation process. If a commenting party has any objection to his or her name, or the name of the represented company/organisation, being made publicly available in the (CRR), such objection should be highlighted in bold as part of the comments submitted”.
Just Share also sought clarity from the DFFE on the expected publication date for and level of disclosure in the CRR. As of 8 October 2025, beyond acknowledging our email, a response to the questions has not been provided by the DFFE.
Transparency around the formulation of these documents and other climate-related policy and legislation is vital to maintaining public trust in South Africa’s climate governance and ensuring that all stakeholder concerns are given fair and equitable consideration. Transparency will enhance accountability and the legitimacy of the climate policy process. This is clearly in the public interest.
Just Share will continue to monitor the disclosure surrounding the draft NDC, carbon budgets and mitigation plans and the TLAB.
