You may have heard that the Climate Bill is currently on its way through Cabinet to be passed later this year. Opinions on it have been divided, but none can argue that the somewhat bombastic bill is not consequential. Essentially, the Climate Bill is intended to begin the process of getting South Africa in line with its Nationally Determined Contribution (NDC) for the Paris Agreement. If you don’t know about NDCs, firstly I highly recommend you research them a bit – they are a highly controversial part of the Paris Agreement. But to explain it briefly, an NDC is a plan put forward by each nation every five years detailing how it will reach its climate goals. It is entirely voluntary and holds no punishment if it is not met. South Africa just published its second NDC in April this year and, while I hold a strong view on it, that is probably the subject of another post. However, what I must admit is that it is certainly a significant improvement from the first NDC. But what does all this recently established legislature mean? It means that the snowball is starting to roll and gain sanguine momentum. Climate change is finally beginning to be taken seriously in South Africa. It also means that there will be serious structural changes coming for the economy and public sector. One entity in particular that will potentially undergo a sizeable transformation is the Green Scorpions. The Green Scorpions will soon be coming to a crossroads, a critical one that will decide how they are perceived and whether they will still be considered a successful inspectorate.
The Green Scorpions are an organisation that generally flies under the radar. But if you haven’t heard of them, they may just become one of the most important groups in the South African climate change fight. The Environmental Management Inspectorate (colloquially known as the Green Scorpions) is a government agency meant to inspect and ensure compliance with South Africa’s environmental laws, particularly the National Environmental Management Act (NEMA) of 2008.
If you want to learn more about them, you can do so here. What the NDCs and ensuing Climate Bill will guarantee are more environmental laws to uphold and, consequently, more individuals and corporations seeking to subvert those laws. There will need to be a tremendous increase in policing environmental crimes in the coming decades, something that requires both a niche-level knowledge of South African environmental laws and a degree of integrity and independence from both the private and public sectors. It should be the Green Scorpions who take up this workload. Within their limited framework, they have had a stellar record (with only the NPA letting them down on prosecutions) and have done some worthwhile work. In 2019/20, they made 787 arrests and inspected 5445 facilities, utilising a growing workforce of 3240 inspectors. If the Green Scorpions are chosen as the entity to enforce climate change laws, it will completely change them and their mandate. Already, 56.3% of inspections are waste and pollution related, and this would raise considerably with more restrictions on both incoming. This does not mean that the other important work they currently do should be neglected, but that rather their mandate, workforce and budget should be expanded.
A potential snag in the future of the Green Scorpions could come from the inspection of government organs and their non-compliance. The Green Scorpions are a sub-entity of the Department of Forestry, Fisheries and Environment (DEFF), unlike the actual Scorpions, which are a legally independent body. Looking at the current actions of government bodies, in particular how our government generates power, it is clear that either all government bodies will drastically and rapidly change technology and reduce their emissions, or there will be multiple complaints, red flags and lawsuits coming. A level of independence from government will be needed to ensure the work of the Green Scorpions will not be interfered with, especially when big money and egos are involved. Structural changes will be needed to guarantee their independence. However, a quick glance at the strict policing of Eskom power stations they have shown does indicate that this might not be a major concern in the future.
Overall, although the Green Scorpions have flown somewhat under the radar for most of their existence, the fast-approaching fight against climate change will most likely thrust them into the spotlight and determine how they will be remembered for generations. What is most critical is that we need an effective force that can ensure both the government and corporations remain honest and meet the goals necessary to save our planet. Green Scorpions, we’ll be watching.
I covered a lot of content in this post and brushed over some very important topics. Please feel free to let me know in the comments if there is any other subject, be it our new NDC, the Climate Bill or the Green Scorpions, you would like to learn more about!
If you're interested:
The Green Scorpions help halt a succulent smuggling ring
Barbara Creecy’s DEFF 2021 budget speech
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References
https://mg.co.za/environment/2020-11-22-sharp-sting-of-the-green-scorpions/
https://www.gov.za/sites/default/files/gcis_document/202011/environmental-compliance-2020-report.pdf
https://www.environment.gov.za/sites/default/files/legislations/climatechangebill2018_gn41689.pdf
https://www.environment.gov.za/mediarelease/creecy_indc2021draftlaunch_climatechangecop26