Two years since its promulgation, South Africa’s Climate Change Act 22 of 2024 remains a critical but underutilized tool in the fight against climate change. While the Act represents a landmark achievement in establishing a structured, whole-of-government response to climate risks, its adaptation provisions—particularly those safeguarding the basic education sector—remain dormant, delaying essential protections for millions of learners and educators. With extreme weather events escalating in frequency and severity—amplified by the impending 2026 super El Niño—the failure to operationalize these provisions threatens to exacerbate systemic vulnerabilities, undermine constitutional rights, and jeopardize South Africa’s international climate commitments.
This open letter, signed by leading climate justice and education rights organizations, urges President Cyril Ramaphosa to proclaim the adaptation framework of the Climate Change Act into force without further delay. The stakes could not be higher: without immediate action, South Africa risks further erosion of educational equity, heightened human rights violations, and missed opportunities to build climate resilience—all while the world’s most vulnerable populations bear the brunt of climate-induced disasters.
A Landmark Act Stalled by Inaction: The Unfulfilled Promise of the Climate Change Act
On 23 July 2024, South Africa took a historic step by enacting the Climate Change Act, a legislative framework designed to align domestic climate action with international obligations under the Paris Agreement and the United Nations Framework Convention on Climate Change (UNFCCC). The Act was crafted through extensive public consultation, including submissions from civil society groups advocating for climate-adaptive education policies. These efforts resulted in a pivotal amendment: the inclusion of the basic education sector among those mandated to develop Sector Adaptation Strategies and Plans under Section 22 of the Act.
The legislation’s sequenced adaptation framework is its defining strength, ensuring a structured, phased approach to climate resilience. However, despite its progressive design, critical provisions remain unactivated, pending a presidential proclamation. This delay has paralyzed the entire adaptation timeline, with each subsequent obligation—from national adaptation objectives to sector-specific plans—dependent on the completion of prior steps. As a result, even if the Act were operationalized today, Sector Adaptation Strategies for basic education would not be due until July 2030, a timeline that postpones urgent protections for learners and schools facing immediate climate threats.
The Human Cost of Delay: Climate Disasters Disrupting Education and Rights
Since the Act’s promulgation, South Africa has witnessed a spate of climate-related disasters that have directly undermined the right to basic education, a constitutional guarantee enshrined in Section 29(1)(a) of the Constitution. These incidents underscore the urgency of climate adaptation in education, yet the lack of implementation leaves vulnerable populations exposed:
- Eastern Cape Floods (June 2025)
- 431 schools damaged, including infrastructure critical for learning.
- Tragic loss of life, including schoolchildren, due to flooding.
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Disrupted education for thousands of learners, exacerbating inequality.
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Limpopo Floods (January 2026)
- 113 schools affected, leading to a two-week loss of teaching and learning time.
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Economic and social costs for families reliant on school-based support systems.
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Western Cape Storms (May 2026)
- Over 120 schools closed, including public and special needs institutions, compounding access barriers for marginalized learners.
- Infrastructure damage to schools in high-risk areas, increasing long-term vulnerability.
These events are not isolated incidents but symptoms of a broader crisis: South Africa’s basic education system is ill-prepared for climate shocks, yet the adaptation framework—designed to mitigate such risks—remains stalled. The super El Niño event of 2026, predicted to intensify extreme weather, further heightens the urgency of operationalizing the Act’s provisions before catastrophic disruptions become irreversible.
Climate Adaptation as a Human Rights Imperative
The Climate Change Act was not merely drafted as an environmental policy tool but as a mechanism to uphold constitutional rights. The Act’s purpose and principles explicitly link climate resilience to fundamental human rights, including:
– The right to basic education (Section 29) – Ensuring schools are climate-proofed to prevent disruptions.
– Children’s rights (Section 28) – Protecting learners from climate-induced harm, including displacement and trauma.
– The right to a healthy environment (Section 24) – Mitigating pollution, extreme heat, and flooding that threaten well-being.
– Fair labor practices (Section 22) – Safeguarding educators and support staff from climate-related occupational risks.
Climate adaptation is not a luxury—it is a necessity for fulfilling these rights. Without proactive measures, South Africa risks systematic violations of human rights, particularly for indigenous communities, rural populations, and low-income households who bear the disproportionate burden of climate impacts.
The Presidential Proclamation: A Critical Missing Link
The final step in activating the Climate Change Act’s adaptation framework lies with President Ramaphosa. Under Section 25 of the Act, the Minister of Forestry, Fisheries and the Environment (DFFE) is required to:
1. Determine national adaptation objectives (within one year of commencement).
2. Develop adaptation scenarios (short-, medium-, and long-term projections).
3. Publish the National Adaptation Strategy and Plan (within two years).
4. Mandate sector-specific assessments (including basic education) to identify vulnerabilities.
5. Require Sector Adaptation Strategies and Plans (due two years after the National Plan’s publication).
However, none of these deadlines have begun due to the absence of a presidential proclamation. This delay is not merely procedural—it is a failure of leadership with real-world consequences:
– Missed international obligations, including commitments under the Paris Agreement and African Union climate frameworks.
– Increased vulnerability of schools, hospitals, and critical infrastructure to climate shocks.
– Wasted public resources, as adaptation planning is delayed despite growing climate risks.
A Call to Action: Prioritizing Resilience Over Delay
The organizations signing this letter—including the UNESCO Chair: Education Law in Africa, Centre for Environmental Justice in Africa, African Climate Reality Project, and Socio-Ecological Justice Lab NPC—demand immediate presidential action to:
1. Proclaim the adaptation provisions of the Climate Change Act into force without further delay.
2. Accelerate the development of the National Adaptation Strategy and Plan, ensuring timely sector-specific responses.
3. Hold government accountable for meeting statutory deadlines, particularly for the basic education sector.
4. Integrate climate resilience into education policy, including infrastructure upgrades, disaster preparedness training, and curriculum adaptations to address climate impacts.
The time for incremental action is over. South Africa’s future generations depend on bold, immediate leadership to operationalize the Climate Change Act before climate disasters render education and human rights inaccessible. The presidential proclamation is not an option—it is an obligation.
We urge President Ramaphosa to take this critical step and ensure that South Africa’s legislative framework for climate resilience becomes a reality, not just on paper.
Signed:
– UNESCO Chair: Education Law in Africa
– Centre for Environmental Justice in Africa
– African Climate Reality Project
– Socio-Ecological Justice Lab NPC
