Herbert Smith Freehills ESG Tracker (SADC Edition)

There are so many ESG-related publications and developments that it is hard to keep abreast of them all. For this reason, HSF publishes a monthly tracker of ESG-related publications and developments, with a primary focus on developments that may be of most interest to or impact our clients in the Southern African Development Community, be they corporates, asset managers or asset owners.

If you have any ESG-related questions, please get in touch with your usual contact at HSF who will be able to direct you as appropriate.

This issue covers the period from 1 to 31 July 2023.

ANGOLA

24 July 2023

It is reported that Angola has received over USD1 billion to build photovoltaic electricity distribution infrastructure in rural areas across the country. The project is being developed by the Angolan Ministry of Energy and Water and benefits approximately 203 000 households in 60 communities.

DEMOCRATIC REPUBLIC OF CONGO

7 July 2023

It is reported that South Africa and the Democratic Republic of Congo have signed 38 trade agreements spanning agriculture, defence, energy, health and trade and investment. One such agreement is aimed at reviving a hydro-electric scheme known as the Grand Inga Dam project. This project is a series of seven proposed hydro-electric power stations across the Congo River. If built, it will be the largest of its kind in the world.

LESOTHO

25 July 2023

It has been reported that the Government of the Kingdom of Lesotho and the Orange Senqu River Commissioner (ORASECOM) have signed an agreement for the hosting of the Project Management Office (PMO) in Lesotho to maintain a sustainable supply of water and equitable sharing of water resources. The Lesotho Minister of Foreign Affairs and International Relations said the formal ties between the governments of Lesotho, Botswana, South Africa and Namibia integrated the principles of water resource management of the Orange-Senqu River Basin under the umbrella of ORASECOM. The Minister said this agreement also afforms the SADC Revised Protocol on Shared Watercourses.

SEYCHELLES

5 July 2023

It is reported that Seychelles has become the second African country, after Rwanda, to access the International Monetary Fund's Resilience and Sustainability Facility which is aimed at assisting countries with limited budget to address long-term challenges, such as climate change and preparedness for a pandemic. Seychelles currently faces climate change-related risks such as coastal erosion, saltwater intrusion into freshwater sources and damage to buildings and infrastructure.

13 July 2023

It is reported that the Seychelles government, in collaboration with the United Nations Development Programme launched a Seychelles Sustainable Development Goals (SDG) Investor Map, an innovative market intelligence tool which will help direct domestic and foreign private capital to investment opportunities at the intersection of the SDGs, national priorities and viable business models.

14 July 2023

Seychelles' Ministry of Agriculture, Climate Change and Environment has published draft Management Plans for three Sustainable Use Areas identified under Seychelles' Marine Spatial Plan Initiative. The draft Management Plans are open for public comment until 7 August 2023

SOUTH AFRICA

1 July 2023

The Portfolio Committee on Health opened the Tobacco Products and Electronic Delivery Systems Control Bill (Bill) for public comment. The deadline for submissions was 4 August 2023. The Bill outlines new regulations and prohibitions relating not only to tobacco smoking but also to electronic cigarettes or vaping. The bill was originally tabled before parliament in mid-December 2022 and has undergone extensive reviews and consultations. Under the bill, prohibitions and regulations would be empowered by the Minister of Health, who has the authority to designate certain public areas and outdoor areas as no-smoking, among other things. For example, the Minister also has authority over the advertising and displaying of tobacco products. Under the bill, no one can display tobacco and vape products in retail settings, including speciality tobacco stores.

5 July 2023

Civil society organizations Vukani Environmental Justice Movement in Action and groundWork submitted an appeal against the decision of the National Air Quality Officer to allow Eskom to postpone compliance with the Minimum Emission Standards for sulphur dioxide imposed under the National Environmental Management: Air Quality Act, 2004 at the Kusile coal-fired power station. The decision was taken to allow Eskom to bypass the plants Flue Gas Desulphurization equipment at the plant with a view to increasing generation capacity to assist in the ongoing electricity crisis.

7 July 2023

The Minister of Forestry, Fisheries and the Environment has published an extension of the period for the establishment of the National Environmental Consultative and Advisory Forum by a further period of 12 months until 17 August 2024. This extension follows the initial announcement by the Minister of Forestry, Fisheries and the Environment on 12 May 2022 to establish the forum under section 3A of the National Environmental Management Act, 1998. The purpose of the forum will be to conduct an extensive consultative process with key interested and affected parties to assess and present all significant relevant research and analysis in a public forum for review and interrogation, and to report to the Minister of Forestry, Fisheries and the Environment on the outcome.

11 July 2023

Double Olympic 800m champion Caster Semenya has won her case against Switzerland in the European Court of Human Rights. The Court found that the Swiss Courts had violated Ms Semenya's right to equality (taken together with her right to privacy) by discriminating against her on the grounds of sex and sexual characteristics (in particular, genetic characteristics) and also violated her right to an effective remedy by upholding the Court of Arbitration for Sport's ruling that she had to take testosterone-suppressants in order to compete as a woman. The Court issued a declaratory order and ordered Switzerland to pay Ms Semenya EUR60 000 in legal costs.

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