Garyn Rapson, Partner & Gaura Moodley, Trainee Attorney at Webber Wentzel
South African environmental law is undergoing a decisive shift in how climate change considerations are integrated into environmental authorisation (EA) decision-making. Courts are increasingly recognising climate change as a material consideration within the "need and desirability" assessment required under the National Environmental Management Act 107 of 1998 (NEMA), particularly regarding fossil-fuel developments. This judicial path coincides with the publication of the Draft National Guideline for the Consideration of Climate Change Implications in Applications for Environmental Authorisations in terms of section 24J of NEMA on 24 October 2025 (Draft National Guideline). Once finalised, the Draft National Guideline will be a mandatory consideration for competent authorities when determining EA applications, alongside other relevant factors contemplated in section 24O of NEMA.