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ARTICLE · 29 JUNE 2026

Courtroom Tests For Climate Promises

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Passing a climate law is no guarantee that constitutional enforcement will be the most direct route to accountability.

South AfricaEnvironment

Passing a climate law is no guarantee that constitutional enforcement will be the most direct route to accountability. That was the early warning delivered by Zambia’s Constitutional Court in a recent petition by Climate Action Professionals Zambia (CAPZ), where alleged delays in putting statutory climate mechanisms into operation were treated as matters for the ordinary courts rather than questions for constitutional adjudication. This distinction matters. Climate statutes either bite as enforceable duties, or they sit as frameworks that can be delayed with limited consequence. Across Southern Africa, constitutions set the promise of environmental protection, while new climate laws attempt to give that promise practical effect.

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