Abstract

MAUGER, Romain  and  BARNARD, Michelle. Addressing fragmentation in the South African renewable energy governance effort - lessons to be learnt from France. J. energy South. Afr. [online]. 2018, vol.29, n.1, pp.1-10. ISSN 2413-3051.  http://dx.doi.org/10.17159/2413-3051/2018/v29i1a1661.

The drive towards increased renewable energy generation and its application in South Africa are codified in a variety of policy documents and pieces of legislation, which together embody the national renewable energy legal framework. In many instances these legal instruments differ in terms of the nature of the field of law influencing their objectives and the governmental department of their origin. This situation is generically labelled as fragmentation and is widely seen as a hindrance to the achievement of the Constitutional objective of promoting sustainable development in South Africa. By necessary implication, integration is proposed as the solution to fragmentation and it is in this regard that this study puts forward the French approach to legal and institutional integration as a possibility for South Africa. The study presents the French energy transition legal framework for consideration by the South African legislature as a potential roadmap towards a more holistic and integrated renewable energy governance effort. In pursuing this objective, the study discusses the suitability of the French approach in the South African context and concludes that a hybrid of the French governance framework could fruitfully be applied locally.

Keywords : legal framework; energy transition; legal and institutional integration; energy law; environmental law.

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