Resolving climate related conflicts through environmental constitutionalism in South Africa

Climate change is a global challenge that burdens all of humankind, but not equally. For instance, there is strong evidence that global warming will have a range of negative and positive impacts on biological systems, precipitation and drought, and give rise to natural phenomena such as cyclones, floods and high sea levels world over. Also global evidence exist that livelihoods will be affected through sea-level rise, changes in weather and rainfall patterns, and human health. In South Africa there will be disproportionate effect of climate change due to limited access to goods and services, resources and decision making processes. Higher temperatures and diminished rainfall associated with climate change are already impacting the agriculture and energy sectors in South Africa. This impact is far reaching in that the coal which fuel 90 percent of the country’s electrical generating capacity and provide a third of its liquid fuels is water-guzzling. Coals also contribute to carbon emissions which worsen warming and drying. While linkages may exist between climate change and conflict, this has not been clearly clarified. Whether climate change is related to conflicts is debated. The dimension of its linkage and what role the constitution and its application can play in addressing conflict associated with climate change also require a clear articulation. No doubt, section 24 of the 1996 Constitution of South Africa recognizes the right to a healthy environment in South Africa, a provision which has been robustly interpreted by the Constitutional Court in South Africa. However, while this provision seems promising as it agrees with the trend in scholarship that the concept of environmental constitutionalism, that is, the incorporation of the protection of environment in the constitution and establishment of a constitutional court that allows for its application can be useful in the protection of the environment, little is known on its relevance to climate change associated conflicts. The aim of this paper is to demonstrate the link of climate change with conflicts and explore what role and how the concept of environmental constitutionalism can be useful in addressing conflicts associated with climate change in South Africa. In doing so, the paper concludes that the link of climate change with conflict can be direct or indirect and that environmental constitutionalism can play a useful in addressing the conflict associated with climate change in South Africa.