Several countries in Southern Africa are still navigating the complex journey of developing climate change legislation, with only Mauritius and South Africa having successfully enacted climate change laws. Zambia, for example, embarked on its journey to create a climate change act five years ago but has faced numerous obstacles, including the disruptive impact of the COVID-19 pandemic, shifting government priorities, and emerging issues like carbon markets. Despite these setbacks, some countries are finding ways to address climate change using existing laws. In Malawi, for instance, the Environmental Management Act and the Disaster Management Act provide a partial framework for climate-related issues. Meanwhile, Eswatini is in the process of crafting its climate change legislation, and Botswana is poised to start its legislative process soon.

Status of Climate Change Legislation

Building on the momentum of the climate change legislation discussions, the idea of crafting a model climate change law for the Southern Africa region emerged as a central focus. Countries voiced strong support for developing such a model, seeing it as a crucial tool that could be adapted to fit national contexts and serve as a guiding framework for their climate laws. However, while the concept was widely embraced, important concerns were raised, drawing on lessons from other model laws implemented across SADC countries.

Group Photo: Second Regional Southern Africa Parliamentary Meeting on Climate Change in Windhoek, Namibia from 31st July to 2nd August 2024

For a model climate law to be effectively adopted at the national level, two critical factors were highlighted: attitude and ability. Attitude refers to the political will within Parliament and the influence of political parties, both of which are essential for driving the legislative process forward. Without the commitment and support of these key players, even the best-designed laws can struggle to gain traction.

Ability, on the other hand, relates to the capacity of parliaments and their committees to manage the complex task of domesticating a model law. This includes the availability of time, resources—whether financial, human, material, or technical—and the support services necessary to navigate the legislative process. The discussions underscored that without the right attitude and ability, the successful implementation of a model climate law could be jeopardized, no matter how well-intentioned the efforts might be.

Oversight Approaches and Challenges

Parliamentarians exchanged insights on the various strategies they employ to hold the executive accountable. Several common approaches emerged across different parliaments:

  • Question Time: Members of parliament directly question ministers about their portfolios and policies, challenging them on key issues and ensuring transparency in government actions.
  • Committees: They dive deep into government actions and policies, conducting thorough examinations and producing reports with recommendations that can shape future parliamentary decisions.
  • Auditor General Reports: Provide in-depth analysis of government financial activities and performance. The reports are invaluable tools for parliaments in scrutinizing the executive’s management of public funds.
  • Site Visits, Monitoring, and Evaluation (M&E): By visiting project sites and implementing M&E frameworks, parliamentarians can assess the effectiveness of climate action programs, ensuring they deliver on their promises.

However, while these oversight tools are vital, parliamentarians also face significant challenges in executing their duties effectively. First is budgetary constraints as robust oversight needs adequate funding. Many parliaments are struggling with insufficient budgets dedicated to monitoring climate policies and actions. This financial shortfall limits their ability to conduct thorough investigations and hold the executive accountable. In some countries, getting ministers responsible for climate change to appear before Parliament is a challenge due to their demanding schedules. This lack of access hampers the ability of parliamentarians to perform their oversight role effectively. Moreover, the need to continuously build the capacity of parliamentarians was highlighted, especially in countries where election cycles may bring newly elected MPs who may lack the experience and knowledge necessary for effective oversight. Training and development are crucial to ensuring that all members are equipped to fulfill their responsibilities.

Call to Action

As a way of devising a way forward, the southern Africa parliamentarians spoke in one voice and called for several key action points to strengthen the role of parliamentarians in the climate change discourse. Some of the action points included:

  • Strengthening of the Southern African Parliamentarians Network on Climate Change as the umbrella platform of Climate Champions from the national Parliaments of Southern Africa and the SADC Parliamentary Forum
  • Enactment of robust climate change laws to facilitate parliamentary oversight of the implementation of climate policies and actions.
  • Encourage countries to consider allocating at least 3% of the national budget to climate related issues.
  • Increase of budget allocation to the Portfolio Committees of Parliament towards effective oversight and tracking of climate action implementation.
  • Development of country and context-appropriate results-based Assessment/Monitoring Frameworks, Tools and Systems to assist in the oversight and tracking of climate action implementation.
  • Development of Continental Network of African Legislators on Climate Change to amplify Africa’s voice on climate change.

This Second Regional Southern Africa Parliamentary Meeting on Climate Change, co-convened by the African Group of Negotiators Experts Support (AGNES) and the National Assembly of Namibia, played a pivotal role in sensitizing parliamentarians on the climate risks facing the region. The meeting not only highlighted the current status of climate change legislation but also sparked critical discussions on the need for a model climate law that could serve as a guiding framework across Southern Africa.

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