Courting emissions: climate adjudication and South Africa's youth

The urgency to pursue sustainable consumption or use energy in a manner that does not negatively impact the environment has become an important theme in recent times. As a major fluctuation in the atmosphere, climate change will be one of the major challenges faced by youth. As a result, there have been a growing number of young South Africans advocating for environmental justice. Surprisingly, their effort has not yielded the expected result as the country continues to emit a high amount of greenhouse gases. The notion of youth may be construed as those between the ages of 15 and 24. The age bracket suggests that the adult lives of this population will be shaped by environmental crises such as famines, vector-borne diseases, and hikes in commodity prices which may impinge on their basic rights to life, health, and property. This development triggers an ancient discourse, what role can youth play towards decarbonization? In other words, which effective avenue could be used by young people for capping emissions?

An analysis of South Africa's energy policy documents relevant to sustainability was conducted through the application of desktop research. We use (inter)national instruments and jurisprudence to understand how a state structure, like the judiciary, could nudge the executive to cap rising green gas emissions. South Africa is used as a case study because of its over-reliance on coal for electricity, and how young people could use the existing legal framework to cap rising emissions. Drawing from existing literature, the paper interrogates the lack of activism around climate litigation and under what conditions this pattern could be reversed in South Africa.

The paper found that while litigation has an important role to play in mitigating climate change, it ought to be complemented with other forms of advocacy.

The study concludes that given the government's perceived slow steps towards shifting from coal to renewables, youth (who will bear the brunt of high emissions) ought to use both courtrooms and advocacy to trigger political action.