A comparative analysis of the regulatory framework of Just Energy transition in Nigeria and South Africa

Abstract

The global exigency to address climate change has prompted many countries to develop laws to reduce reliance on fossil fuels, such as coal and oil, in favour of renewable energy sources. In Africa, this transition is occurring amid concerns about job losses in the fossil fuel sector, the demand for adaptation to the renewable energy sector through reskilling and upskilling and facilitating a just transition that protects workers and communities from energy poverty. To achieve a just energy transition, the International Labour Organisation Guidelines for a Just Transition Towards Environmentally Sustainable Economies and Societies for All (2015) emphasise the importance of fair earnings, job security, social and family protection, opportunities for personal growth, realistic societal engagement, and freedom of expression. At COP26 in Glasgow, Nigeria announced its commitment to achieve net-zero emissions by 2060, reflecting its dedication to a just energy transition at the highest level. Nigeria’s legislative framework on renewable energy includes the 1999 Constitution, the 2021 Climate Change Act (CCA), the Nigeria Energy Transition Plan (ETP), the National Climate Change Policy (NCCP), the Long-Term Vision (LTV), the National Renewable Energy and Energy Efficiency Policy (NREEEP), the National Energy Efficiency Action Plan (NEEAP), the Nationally Determined Contribution (NDCs) and the National Climate Change Action Plan (NCCAP). South Africa's energy sector is transitioning from coal to renewable energy. For this energy transition to be just, the lives and communities dependent on high-emission energy industries mustn't be left behind as the country moves towards a low-emission economy. South Africa’s climate change legislative framework also includes the Constitution of the Republic of South Africa, the Climate Change Act, the Just Energy Transition Partnership (JETP), the Just Energy Transition Investment Plan, the Just Energy Framework, the National Climate Change Response Policy (NCCRP), the Water and Sanitation Sector Policy on Climate Change, the Low-emissions Development Strategy, the National Development Plan and the Nationally Determined Contribution (NDCs). It is, however, unclear how these frameworks may shape and be shaped legally in the application of the ILO Guidelines on Just Transition. The research assesses the legal frameworks and their compatibility with the application of ILO Guidelines on Just Transition, adopting a mix of doctrinal research and comparative analysis of the frameworks in both states. It draws lessons that can be mutually learned from each other by these two states. From the findings, South Africa displayed a more robust embodiment of the ILO’s imperatives, both in its understanding of unique climate change vulnerabilities and energy transition challenges and possessed a more receptive legislative/judicial atmosphere for the application of these. Nigeria has much to learn from South Africa in developing a just transition legislative framework that benefits workers in the relevant sector.