Regulating energy in South Africa: enabling sustainable energy by integrating energy and environmental regulation

The fragmented development of energy law and regulation on the one hand and environmental law on the other is militating against the adoption of a sustainable energy system in South Africa. This mirrors the absence of a global regime on energy to align with environmental developments at that level, despite the recognition that energy is central to sustainable development. Since 1996, environmental law in South African has been reformed to embed it in sustainable development, yet such reforms have not been in synergy with developments in energy regulation. This paper argues that one of the key strategies required in building a sustainable energy system is to create regulatory synergy between environmental law and energy law. Renewable energy and relevant environmental law should be facilitating the technology transition from unsustainable fossil based energy (that is behind climate change) towards renewable energy.