Towards a workable renewable energy framework in South Africa

Jooste, Dustin

Towards a workable renewable energy framework in South Africa

Thesis / Dissertation

2010

Publisher

University of Cape Town

Department

Institute of Marine and Environmental Law

Faculty

Faculty of Law

Abstract

This dissertation aims to determine whether a workable legal framework for renewable energy (RE) exists in South Africa by comparing the country‘s existing policy and legislative frameworks in order to highlight strengths and weaknesses, and juxtaposing this overall position against contemporary foreign legislation from the United States in an effort to discern relevant and viable best practices. Key issues that are considered include: the Government‘s commitment to RE and energy efficiency; environmental protection and RE as drivers for social development; job creation and sustainable economic growth; the governance of and relevant institutions in the energy sector; public participation, education and access to information in terms of RE; and, finally, the use of market-based instruments for the support of RE in South Africa. The research found that South Africa‘s legal framework is largely on par with international best practice in terms of the above issues. Rather than a lack of substantive content in the legal framework, implementation and political commitment (buy-in) appears to be inadequate. However, issues on which South Africa‘s legal framework is found to be wanting include: a lack of binding RE targets and full costing in the energy sector; the Government‘s reluctance to enter public–private partnerships despite its current lack of capacity; and an almost unfettered executive discretion in terms of RE development and deployment. This dissertation concludes that the Government has failed to take a long term view of the energy sector, choosing, instead, to accomplish interim social upliftment through short-term utilization of coal power at the expense of the environment and future generations. This points to inadequate transparency and institutional accountability in the sector. Vague legislative mandates and a seeming lack of political will and insight in South Africa necessitates a comprehensive legislative review before RE can play a part in the future development of the country.

Keywords

environmental law

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