PUBLIC LEGITIMACY OF NET-ZERO TRANSITION POLICIES

1. Introduction

Public legitimacy of net-zero transition policies concerns whether climate and energy-transition measures are regarded as legally justified, procedurally fair, socially acceptable and institutionally accountable. Net-zero policies may require major changes in electricity generation, coal use, renewable-energy deployment, transport, industrial production and employment. Because these measures distribute costs and benefits across society, their legitimacy depends not merely on environmental objectives but also on participation, transparency, equality, affordability and just-transition protections.

In South Africa, this question is especially important because decarbonisation must operate alongside constitutional commitments to environmental protection, socio-economic development and energy security.

2. Constitutional and Legislative Foundation

Section 24 of the Constitution of the Republic of South Africa, 1996 protects everyone's right to an environment that is not harmful to health or well-being and requires reasonable measures securing ecologically sustainable development while promoting justifiable economic and social development. The Constitutional Court has interpreted this framework as requiring integration rather than isolation of environmental, social and economic considerations.

The Climate Change Act 22 of 2024, which commenced in substantial part on 17 March 2025, provides a statutory framework for an effective climate response and a long-term just transition to a low-carbon and climate-resilient economy and society.

Thus, legitimacy requires climate policy to be both environmentally effective and consistent with constitutional governance.

3. Procedural Legitimacy and Public Participation

A net-zero transition becomes more legitimate when affected communities have meaningful opportunities to participate in decisions. Workers in coal-dependent areas, municipalities, businesses, consumers, environmental organisations and vulnerable communities may experience transition policies differently.

Public participation improves legitimacy by enabling decision-makers to understand employment effects, electricity affordability, environmental risks, community interests and distributional consequences.

The Climate Change Act institutionalises the Presidential Climate Commission (PCC) and gives it functions that include advising on climate responses and socio-economic matters associated with the just transition. The current Commission includes representation from business, labour, civil society, traditional leadership, youth and local government.

4. Distributive Justice and the Just Transition

Legitimacy also depends upon who bears the costs of decarbonisation. Rapid closure of carbon-intensive facilities may reduce emissions but can simultaneously affect workers, municipalities and communities dependent upon those industries.

A just transition therefore seeks to combine emissions reduction with employment opportunities, social protection, reskilling, economic diversification and protection of vulnerable households. South Africa's statutory climate framework expressly links climate action with a long-term just transition.

Consequently, public legitimacy is strengthened where transition burdens are not disproportionately imposed upon communities least able to absorb them.

5. CASE LAW

Fuel Retailers Association of Southern Africa v Director-General: Environmental Management, Mpumalanga [2007] ZACC 13

Facts: Environmental authorities authorised construction of a filling station. The applicant challenged the authorisation, arguing that relevant socio-economic consequences had not adequately been considered.

Legal Issue: Whether environmental decision-makers were required to integrate environmental protection with social and economic considerations.

Judgment: The Constitutional Court held that sustainable development requires integration of environmental, social and economic factors in decision-making.

Legal Principle / Ratio Decidendi: Section 24 and environmental legislation require decision-makers to balance environmental protection with justifiable socio-economic development rather than treating them as unrelated objectives.

Significance: This principle is fundamental to net-zero legitimacy. Climate measures should account for employment, development and community consequences alongside emissions reduction.

Earthlife Africa Johannesburg v Minister of Environmental Affairs (Thabametsi Case) [2017] ZAGPPHC 58

Facts: Environmental authorisation was granted for the proposed Thabametsi coal-fired power station. Earthlife Africa challenged the decision, arguing that climate-change impacts had not been adequately considered.

Legal Issue: Whether climate-change impacts were relevant considerations in environmental authorisation.

Judgment: The High Court held that climate impacts were relevant to environmental decision-making and that an appropriate climate-change impact assessment was required.

Legal Principle / Ratio Decidendi: Climate consequences form part of legally rational and environmentally responsible decision-making under South African environmental law.

Significance: The case strengthens substantive legitimacy by requiring climate implications to be incorporated into major energy-infrastructure decisions.

6. Transparency, Rationality and Accountability

Public confidence also depends on government explaining why particular transition pathways are selected, what evidence supports them and how competing interests were considered. Decisions affecting coal retirement, renewable infrastructure or emissions reduction may be reviewed under constitutional and administrative-law principles where applicable.

Legitimacy therefore combines scientific evidence, transparent institutions, lawful procedures and democratic participation rather than relying solely upon technical expertise.

7. Conclusion

Public legitimacy is essential to a durable net-zero transition. South African law increasingly treats climate governance as a combination of environmental responsibility, sustainable development, procedural fairness and social justice. The Climate Change Act provides an institutional framework for a low-carbon and climate-resilient transition, while cases such as Fuel Retailers and Earthlife Africa demonstrate that environmental decisions must integrate climate consequences with broader socio-economic considerations. A legitimate transition therefore requires not merely lower emissions, but transparent decision-making, meaningful participation, equitable burden-sharing and protection of communities affected by structural economic change.