South Africa is facing a defining crossroads: do we continue pushing investment in climate-change-causing fossil fuels – which may harm people and the environment, and could threaten livelihoods – or do we transition toward more sustainable energy? By bringing the Climate Change Act into law, it is clear that there is recognition of the need to address this crisis and protect vulnerable communities. Why then do we continue to see more fossil fuel legislation being proposed, such as the South African National Petroleum Company (SANPC) Bill, which will likely lock the country into new fossil fuels and could risk the country not meeting its global climate commitments under the UNFCCC.
As a young South African, I am concerned about what this legislation could mean for the future and I have many questions, most critical of which is, where are we heading to as a country? The sixth IPCC and the International Energy Agency NetZero by 2050 report concluded that, if we are to protect vulnerable communities already impacted by climate change, there should be no new investments in fossil fuels. Communities are already feeling the impacts; severe weather conditions have caused major damage to property and over 400 people have already lost their lives in KwaZulu-Natal and Eastern Cape.
While section 7 of the Climate Change Act mandates every organ of state to review, align and harmonise policy – to ensure that this growing crisis is taken into account – it is difficult to understand why we still continue to see legislation proposed that could lead to more loss and more damage in vulnerable communities who are ill-prepared to shoulder further climate impacts.
Governance and Energy Security
As a result of ongoing global geopolitical tensions, ordinary South Africans continue to be impacted by fluctuating energy costs. It hits us in our pockets when we must pay more for transport and other essentials. This is one of the key reasons we keep questioning government’s ongoing push to keep South Africa dependent on fossil fuels and for what seems to be an unnecessarily slow uptake of renewable technologies.
With the SANPC Bill – currently before Parliament – government not only seeks to accelerate more fossil fuels but is also pushing for South Africa to have its own local production of oil and gas. The country’s dependence on fossil fuels also means that citizens will continue being exposed to volatile markets. From our point of view, however, the current situation – including the geopolitical impact on fuel prices and increasing extreme weather events – and see these as warnings, and instead prioritize developing legislation that will drive investments in wind, solar and hydro energy.
Another major concern is that 90% of South Africa’s oceans remain leased-off to oil and gas companies for exploration, while simultaneously being challenged by indigenous coastal communities – who call for the protection of their livelihoods from the risks related to oil and gas exploration and drilling. In 2025, 147 fishing communities were recorded – totalling more than 28 000 fisher households. This proposed petroleum company legislation is decades too late and would not be fit for what is needed in this moment. Instead, this legislation could undo all the effort put in to protect small-scale fisher rights.
There is no place in a just transition for such restrictive, short-sighted legislation because communities must benefit in the process. While there are those who may see this state-owned company as a silver bullet to our energy problems, governance issues remain a critical concern. When it comes to PetroSA particularly, the real question is who will carry the decommissioning and rehabilitation liability, which is estimated to cost upwards of R9.8 billion? Will South African taxpayers find themselves footing the bill of decisions they didn’t agree to?
Energy Sovereignty Must Begin with Communities
We can’t speak of the energy transition and the importance of grounding the transition in justice and making sure that it benefits communities but continue to see proposed legislation that may only exacerbate and entrench communities deeper into poverty. Energy prices and electricity costs remain at an all-time high, affecting citizens and making energy access an even bigger issue. Communities must define and determine the type of development they want. This must be accompanied by policy and legislation that will ensure that there is local economic development and meaningful participation without risking the livelihoods of coastal communities.
As climate change exacerbates it is important that government puts forward laws that will ensure communities are adapting and can withstand future climate shocks. But, maybe more importantly, our laws must ensure that we do what we can to protect future generations.
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By: Lisa Makaula, Advocacy Lead at The Green Connection