CLIMATE ADAPTATION AND ENERGY INFRASTRUCTURE GOVERNANCE

Meaning and Purpose

Climate Adaptation and Energy Infrastructure Governance concerns the legal, regulatory and institutional measures used to ensure that electricity and energy infrastructure can withstand the physical effects of climate change. Energy assets such as power stations, transmission lines, substations, renewable-energy facilities, pipelines and distribution networks may face increasing risks from extreme heat, flooding, drought, wildfires, storms, coastal erosion and water scarcity.

The objective of adaptation governance is therefore not only to reduce greenhouse-gas emissions, but also to ensure that energy infrastructure remains reliable, safe and economically sustainable under changing climatic conditions.

South African Legal Framework

South Africa’s principal climate legislation is the Climate Change Act 22 of 2024, which largely commenced on 17 March 2025. The Act establishes a framework for a climate-resilient economy and requires climate considerations to be incorporated into governmental decision-making. Its principles expressly recognise integrated management and the need to prevent decisions from increasing South Africa’s vulnerability to climate change.

The National Environmental Management Act 107 of 1998 (NEMA) is also important because major energy projects generally require environmental assessment and authorisation. Climate resilience may consequently form part of evaluating environmental risks, alternatives and mitigation measures.

National Climate Change Adaptation Strategy

South Africa’s National Climate Change Adaptation Strategy (NCCAS) provides the national policy framework for strengthening resilience. It seeks to identify vulnerabilities, reduce climate-related risks and coordinate adaptation among national, provincial and municipal authorities. Infrastructure resilience is specifically recognised as an important component of sustainable development.

Energy-sector adaptation can include strengthening transmission towers against extreme weather, flood-proofing substations, improving wildfire management around electricity lines, diversifying water supplies for thermal generation and developing decentralised generation and storage.

Infrastructure Planning and Climate Risk

The National Infrastructure Plan 2050 treats climate change and technological change as important factors affecting long-term infrastructure development. Its energy component emphasises effective governance, institutions and infrastructure planning capable of responding to changing conditions.

Climate adaptation should therefore be incorporated throughout the infrastructure lifecycle, including site selection, environmental assessment, engineering design, procurement, financing, operation, maintenance and emergency planning.

Institutional Governance

Effective adaptation requires coordination among the Department of Electricity and Energy, Department of Forestry, Fisheries and the Environment, NERSA, Eskom, the National Transmission Company South Africa, municipalities and disaster-management institutions.

The Climate Change Act establishes mechanisms through which climate adaptation is intended to become integrated into governmental planning. However, some statutory provisions concerning national adaptation objectives and adaptation scenarios were excluded from the initial commencement proclamation of March 2025.

Case Law

Earthlife Africa Johannesburg v Minister of Environmental Affairs 2017 (2) All SA 519 (GP)

Facts: Environmental organisations challenged the environmental authorisation granted for the proposed Thabametsi coal-fired power station. They argued that the decision had been made without adequately assessing climate-change impacts.

Legal Issue: Whether climate-change impacts had to be considered before environmental authorisation of a major electricity-generation project.

Judgment: The High Court set aside the relevant decisions and required a proper climate-change impact assessment to be considered.

Legal Principle/Ratio: Climate impacts constitute relevant environmental considerations under South African environmental law and must be assessed before major infrastructure decisions are finalised.

Significance: The case established an important foundation for integrating both mitigation and climate-risk considerations into energy infrastructure governance.

South Durban Community Environmental Alliance v Minister of Forestry, Fisheries and the Environment [2025] ZASCA 134

Facts: Environmental organisations challenged authorisation for a proposed gas-fired power plant. Objections concerned inadequate public participation, climate impacts and the climate resilience of the proposed facility.

Legal Issue: Whether the environmental assessment and participation process adequately addressed climate consequences and statutory environmental requirements.

Judgment: The Supreme Court of Appeal upheld the challenge, finding serious procedural and substantive deficiencies, including inadequate public participation and insufficient consideration of long-term climate implications.

Legal Principle/Ratio: Climate considerations and meaningful participation must form part of lawful environmental decision-making concerning major energy infrastructure.

Significance: The judgment confirms that climate governance extends beyond emissions and includes long-term infrastructure consequences and affected communities.

Resilience, Reliability and Just Transition

Climate adaptation governance also intersects with electricity reliability and social justice. Infrastructure failure caused by extreme weather can disproportionately affect low-income households, hospitals, municipalities and rural communities. Regulatory authorities should therefore consider resilience investments alongside affordability, reliability and equitable access.

Adaptation measures may include grid redundancy, microgrids, battery storage, distributed renewable generation, early-warning systems, climate-resilient construction standards and stronger emergency-response arrangements.

Conclusion

Climate Adaptation and Energy Infrastructure Governance creates a legal framework for protecting energy systems against present and future climate risks. South African law increasingly requires climate considerations to be integrated into infrastructure planning, environmental authorisation and governmental decision-making. Effective governance combines the Climate Change Act, NEMA, adaptation policy, infrastructure planning, climate-risk assessment and meaningful public participation, ensuring that electricity infrastructure remains resilient, reliable and capable of supporting sustainable development in a changing climate.