An analysis of the regulatory framework required for electric vehicles towards climate change mitigation action in South Africa

Abstract

South Africa is considered to be a major greenhouse gas (GHG) emitter, especially emissions stemming from its road transport subsector. Electric vehicles (EVs) are largely considered to be environmentally friendly technology designed to reduce GHG emissions. That said, and despite the exponential growth in global EV sales and production coupled with the international political pressure towards e-mobility, the use and development of EVs and related infrastructure in South Africa is still considered to be in its infancy. This dissertation seeks to determine the nature and extent of the regulatory framework required to facilitate the development and use of EVs and related infrastructure within South Africa in order to address its international climate change mitigation commitments. For this purpose, the author adopted a hybrid research approach to answer the above-mentioned research aim, whereby two research methods are applied, namely a literature review on the one hand (i.e. discussing and analysing primary sources of international law and policy frameworks, as well as national legislation and policies relating to, inter alia, climate change mitigation and EVs), and a comparative analysis on the other hand (i.e. analysing the legal positions in Norway and the United Kingdom (UK), both of which have established advanced EV regulatory and policy frameworks). In addressing the research aim, this dissertation is accordingly divided into five chapters. Chapters 1 to 4 seek to: (1) contextualise the background and considerations giving rise to the need to determine the regulatory framework required in South Africa for the implementation and use of EVs as a measure of climate change mitigation; (2) examine the existing international principles and mechanisms on climate change mitigation which are directly applicable to South Africa; (3) examine the regulatory framework and perspectives on the development and use of EVs in Norway and the UK respectively; and (4)examine the existing South African law and policy framework and perspectives onclimate change mitigation in the broader sense, and more specifically in respect of the local development and use of EVs and related infrastructure.

Chapter 5 then concludes by: (i) identifying the areas of potential improvement/development in the existing South African policy and legal framework on EVs when compared to the respective positions adopted in Norway and the UK; and (ii) providing practical recommendations on how the South African regulatory landscape on EVs can be adapted to enable government to ultimately move toward achieving its international climate change mitigation commitments. These recommendations include suggesting the formulation and adoption of a multifaceted EV policy with pragmatic deliverables whereby EV sales, EV and EV-component manufacturing, and EV-charging infrastructure development in South Africa are adequately addressed; obtaining recognition and funding for specified EV projects or initiatives as Clean Development Mechanism (CDM) projects in South Africa; and ensuring that unique local factors (being socio-economic considerations and the country's current energy matrix) serve as overarching considerations when formulating, finalising, and implementing a multifaceted EV policy in South Africa.