Speeches

South Africa’s Statement on Interventions on Environment and Sustainable Development delivered by the Minister of Justice and Constitutional Development Mmamoloko Kubayi on the occasion of the 63rd Annual Session of Asia-African Legal Consultative Organisation, Kampala, Uganda, 10 September 2025

President/Vice-President
Excellencies,
Distinguished Delegates.

Under the theme of its G20 Presidency, “Solidarity, Equality, Sustainability”, addressing environment and sustainable development cuts across all three of these pillars. South Africa is utilising its G20 Presidency to pursue Global South perspectives and to create a more just, sustainable and equitable world.

In its recent Advisory Opinion on Climate Change, the International Court of Justice reaffirmed that obligations to address climate change stem not only from treaties but also from customary international law, including the duty to prevent significant harm. This resonates with our own commitment to a just transition, where economic development and environmental protection are pursued together.

We recall that the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC) remains a cornerstone of international environmental law. As science and technology increases, so does the weight on the obligation and states to be guided by the precautionary principle.

The Court noted that while developing states are not absolved of their duties, differentiation reflects both historical responsibility and varying capacities. For South Africa, CBDR-RC continues to provide a legal and ethical foundation for our climate policies, including our nationally determined contributions.

We stress the urgent need to strengthen adaptation. For African states, adaptation is not a long-term aspiration but a pressing reality. The international legal framework remains weak in this regard, and we call for more concrete obligations on adaptation support.

South Africa notes the outcomes of recent Conferences of the Parties (COPs) to the UNFCCC, in particular the operationalisation of the Loss and Damage Fund and progress towards enhanced climate ambition.

We underline the need for equitable financing, technology transfer, and capacity-building to support developing countries in meeting mitigation and adaptation goals.

The Court’s recognition of non-refoulement in the context of climate impacts supports the emerging concept of climate-displaced persons. AALCO members are well placed to shape coherent approaches to this complex challenge.

Beyond climate, South Africa welcomes the adoption of the BBNJ Agreement. South Africa signed this historic instrument in June 2025 and is preparing for its ratification.

On marine environment protection,

South Africa is committed to advancing the conservation and sustainable use of marine biodiversity, both within national jurisdiction and in areas beyond national jurisdiction.

It is essential that the Agreement’s Secretariat prioritises developing countries’ needs, ensuring fair benefit-sharing, robust capacity building, and equitable representation.
Barriers to participation must also be reduced to make this a genuinely inclusive regime.

We emphasise the urgent need to address marine pollution, particularly from plastics, as well as the protection of vulnerable ecosystems such as coral reefs and deep-sea habitats. South Africa strongly supports the ongoing process towards an international treaty addressing plastic pollution, including in the marine environment.

We emphasise the importance of a legally binding framework that addresses the full life cycle of plastics, ensures accountability for transboundary pollution, and recognises the special circumstances of developing countries.

Finally, Mr President, South Africa underlines the importance of legal policy coherence across regimes. Fragmentation between climate, biodiversity, and ocean governance could weaken our collective response. AALCO, as a forum of the Global South, has a unique role to champion integrated and equitable approaches.

I thank you.