South Africa, the ICJ ruling and the climate verdict that must inspire a continent

THE International Court of Justice’s (ICJ) advisory opinion of July 23, 2025 marks a defining moment in international climate law.

- NOMVULA ZELDAH MABUZA

For South Africa, it is not a verdict of limitation; it is a verdict of leadership. The ruling invites developing nations to act decisively while balancing growth, justice and innovation.

As the only African country to preside over the G20 and a principal voice within BRICS, South Africa's role is pivotal. It must now demonstrate how technological solutions, fiscal diplomacy and climate justice can coexist without sacrificing energy security or economic dignity.

The ICJ has clarified that climate harm constitutes a breach of international obligations. States must prevent foreseeable damage, protect vulnerable populations and pursue mitigation aligned with the 1.5°C global target. This reinforces the principle of common but differentiated responsibilities; industrialised nations must bear the brunt of climate finance and emissions reductions, while developing nations like South Africa are entitled to a just and sovereign transition.

It is not the use of coal itself that the court condemns, but the failure to pursue cleaner, fairer ways of sustaining life and livelihoods. South Africa emits approximately 482 MtCO₂e per year, just over 1% of global emissions, but carries a disproportionate burden in adapting to climate shocks.

Droughts now affect 13 million citizens. Youth unemployment remains above 45%. The economy, projected to grow by only 2.5% in 2025, must expand without deepening inequality. In this context, coal is not just an energy source; it underpins close to 200 000 jobs and powers over 80% of the national grid. The ICJ ruling should not trigger panic or abandonment. Instead, it creates legal space for countries to adopt context-specific mitigation pathways.