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Climate Change Act, 2024 (Act No. 22 of 2024)

Chapter 2 : Policy Alignment and Institutional Arrangements

10. Presidential Climate Commission

 

(1)

(a) The Presidential Climate Commission which existed immediately before the commencement of this Act continues to exist.
(b) A person who was a commissioner of the Presidential Climate Commission immediately prior to the commencement of this Act will, subject to subsection (6), continue to serve as a commissioner for the remainder of the term for which such commissioner was appointed.

 

(2) The Presidential Climate Commission will, upon being listed as a public entity in Schedule 3 to the Public Finance Management Act, be a national public entity for purposes of the Public Finance Management Act and will be subject to the provisions of the said Act.

 

(3) The Presidential Climate Commission is independent, impartial and will have the full legal capacity of a juristic person once it is listed as a national public entity in Schedule 3 to the Public Finance Management Act.

 

(4)

(a) The President must appoint not more than 25 members who will serve as commissioners of the Presidential Climate Commission, comprising representatives of, including but not limited to, a fair representation of government, organised labour, civil society, traditional leaders, the South African Local Government Association and business, to advise on the Republic’s climate change response, the mitigation of climate change impacts and adaptation to the effects of climate change towards the attainment of the just transition to a low-carbon and climate-resilient economy and society.
(b) A serving member of Parliament, as well as a member of a provincial legislature and a member of a municipal council, except a member of a municipal council who has been nominated by the South African Local Government Association, may not be appointed as a commissioner of the Presidential Climate Commission.

 

(5) Ministers, whose portfolios are affected by the work of the Presidential Climate Commission, must be invited to attend the meetings of the Presidential Climate Commission.

 

(6) The commissioners of the Presidential Climate Commission are appointed for a period of five years, renewable for one further period not exceeding five years.

 

(7) The Presidential Climate Commission is chaired by the President.

 

(8) The President must appoint a deputy chairperson.

 

(9) In the absence of the chairperson, the deputy chairperson must perform all functions of the chairperson.

 

(10) The Presidential Climate Commission may—
(a) determine its own procedures to be followed at its meetings;
(b) adopt a code of conduct for the commissioners of the Presidential Climate Commission; and
(c) adopt rules which list the circumstances under which a commissioner may be removed, as well as the process for such removal.