Towards low carbon public transport in South Africa: a critical legal analysis of the City of Johannesburg’s local environmental governance instruments

Abstract

The transport industry is responsible for a large portion of carbon emissions globally. The transition towards low carbon public transportation, is thus crucial, in order to limit emissions and prevent the detrimental effects of climate change on the environment as well as on human health and wellbeing. In South Africa, the need for low carbon public transport is driven by environmental concerns and the increasing need for reliable and affordable transport services and improved transport infrastructure in cities. Despite this, there are multiple obstacles within the current legal framework preventing the realisation of a low carbon transport system in South Africa, and more specifically in the City of Johannesburg which this study focuses on. Legal governance is fundamental in promoting the movement towards low carbon public transport with municipalities being one of the most important role players in guiding cities towards this goal. However, the legal and policy framework governing low carbon transport is fragmented and does not allow for a coordinated effort in implementing and enforcing low carbon transport plans and policies. In addition to this, obstacles such as the reliance on coal, limited financial resources, a lack of cooperation from public transport providers and a transport infrastructure built to enforce Apartheid’s segregation policies, have made it extremely challenging to comply with the legal obligations to move towards low carbon transport in South Africa. This research analyses the legal and policy gaps in relation to low carbon public transport. It looks at how municipalities, and specifically the City of Johannesburg, are using the current legal framework and policies to move towards low carbon public transport and how the use of Local Environmental Governance (LEG) instruments, such as market based commuter influences and carbon tax, can further assist in reaching these goals. The research will examine low carbon transport laws including section 24 of The Constitution of the Republic of South Africa, the National Environmental Management Act and the Climate Change Act which are the basis for environmental management in South Africa and extend to the transport sector.