While coal continues to dominate the energy mix of both South Africa and Zimbabwe, the two countries have begun introducing legal frameworks that signal a shift. The question that North-West University (NWU) researcher Tariro Mary Tingini set out to answer is: How ready from a legal and policy perspective are South Africa and Zimbabwe to make this shift, and how do their legal frameworks compare?
Her study, completed as part of her LLM degree in the Faculty of Law, critically examined the strengths, weaknesses and implementation challenges of climate-related laws and policies in both countries, focusing on how these laws and policies would support or hinder a just transition.
An important finding was the importance of addressing local socio-economic needs. “In both countries, vulnerable communities face the risk of exclusion if social protections are not integrated into energy policy,” Tariro says. “There must be deliberate efforts to include affected communities in the planning and benefits of the transition.”
Pinpointing policy strengths and weaknesses
Her study, supervised by Prof Oliver Fuo of the Faculty of Law, found that the two countries face different challenges in developing and implementing their policy and legal frameworks.
South Africa’s Climate Change Act of 2024 and Integrated Resource Plan of 2023 outline clear targets for reducing emissions and expanding renewable energy. However, regulatory delays and the influence of powerful interest groups create tension between economic and environmental goals, Tariro found. Despite stronger legal instruments, consistent implementation remains a challenge.
Zimbabwe’s policy efforts include the Draft Climate Change Bill and National Renewable Energy Policy. However, Tariro’s research found that Zimbabwe’s frameworks lack enforceability and face major institutional and economic limitations.
“Zimbabwe’s ability to implement its policies is constrained by financial resources and governance issues. Stakeholder participation is limited, and this affects public trust in energy planning processes.”
Greater investment needed in community engagement
The study recommends that both countries strengthen coordination across government departments, improve legal enforcement and align national energy strategies with international climate commitments. It also calls for greater investment in community engagement and support for workers and regions affected by the decline of coal industries.
“A just energy transition cannot be achieved through legal reform alone. It requires inclusive governance, adequate resources and commitment to long-term social equity,” Tariro concludes.
Tariro Mary Tingini