Energy sector reform and the protection of the rights contained in section 24 of the South African Constitution

Abstract

South Africa is blessed with abundant reserves of both high- and low-grade coal.Current South African energy activities relate primarily to the generation of electricity by means of the burning of fossil fuels and more specifically coal. Fossil fuel-based electricity generation results in a number of environmental and social impacts. Section 24 of the Constitution of the Republic of South Africa, gives all citizens a right to live in an environment that is not harmful. Furthermore, it mandates the government with a duty to protect the environment for the present and future generations through legislative and other measures. However, when looking at the current state of energy generation in South Africa, energy reform is needed to curb the impacts of generating energy using coal. There is a dire need to transition towards renewable energy/ cleaner energy generation. South Africa (SA) is mindful of its international obligations to reduce greenhouse gas (GHG) emissions. During the 15th Conference of Parties (COP 15) meeting in Copenhagen, President Jacob Zuma announced a target reduction on CO2 emission by 34% in 2020 and 42% by 2025, subjected to technical, financial and capacity support from developed countries. SA’s commitment to reduce GHG emissions is evident, as most policies have visions of moving towards renewable energy as a form of energy generation. For SA to achieve these emission reductions and still supply sustainable energy for the population’s growing energy needs, nuclear energy has been identified as one of the best energy options given as the country has uranium (a key input in nuclear energy generation). The South African government has already started the process of preparing for nuclear power plant so as to meet the increasing national energy demand of electricity supply. This paper will be exploring the reforms in the energy sector in South Africa and conducting feasibility analysis of nuclear energy as best energy option