Policy-Awake, Delivery-Drowsy: South Africa’s Adaptation Agenda After the ICJ Climate Opinion
On 26 August 2025, the Mandela Institute hosted an insightful webinar titled “Policy-Awake, Delivery-Drowsy – South Africa’s Adaptation Agenda After the ICJ Climate Opinion.” The session featured Ms Zunaida Moosa Wadiwala, PhD Candidate and Sessional Lecturer at the Wits School of Law, with commentary from Professor Tracy-Lynn Field, Director of the Mandela Institute and Claude Leon Foundation Chair in Earth Justice and Stewardship.
The discussion unpacked the International Court of Justice’s (ICJ) landmark advisory opinion on climate change, delivered on 23 July 2025, which established a new global benchmark for State due diligence in climate adaptation. The opinion clarified that adaptation is no longer a discretionary policy choice but a binding legal obligation, requiring States to take measurable, science-based actions to safeguard communities and ecosystems.
From Policy-Awake to Delivery-Drowsy
Ms Wadiwala observed that South Africa has made commendable progress in developing a robust policy architecture — including the Climate Change Act, the National Climate Change Adaptation Strategy, and a comprehensive Nationally Determined Contribution (NDC). Yet, she cautioned that “policy awareness does not equate to policy implementation.” Against the ICJ’s due diligence standard, South Africa remains “delivery-drowsy,” struggling to translate legal and strategic frameworks into tangible adaptation outcomes.
Drawing from her research on climate governance and litigation, Ms Wadiwala outlined practical tests to assess whether South Africa’s adaptation efforts meet the ICJ’s expectations. She examined gaps in institutional coordination, monitoring, and accountability, noting that adaptation must move beyond paper commitments toward measurable, equitable, and locally grounded delivery.
Water Governance and the ICJ Decision
In her commentary, Professor Tracy-Lynn Field highlighted how the ICJ’s opinion reshapes the conversation on water governance, a sector at the heart of South Africa’s adaptation challenges. She reflected on how the ICJ distinguishes between obligations of conduct (such as taking reasonable steps to prevent harm) and obligations of result (achieving specific adaptation outcomes).
Prof Field noted that water systems — particularly Strategic Water Source Areas — face compounded risks from climate change, mining, and inadequate adaptation measures. The implications extend to insurance liabilities, as municipalities face mounting claims for flood damage linked to poor adaptation planning. “The ICJ’s opinion effectively tells us that inaction is not just poor governance — it’s a breach of international law,” she remarked.
Connecting Global Standards to Local Action
The session concluded with a call for alignment between international law and domestic governance. Both presenters emphasised that compliance with the ICJ’s due diligence standard requires South Africa to integrate adaptation across all levels of decision-making — from national policy design to municipal infrastructure planning.
By grounding international legal principles in concrete policy analysis, the webinar underscored the urgency of moving from policy formulation to delivery — from being merely “policy-awake” to truly “resilience-ready.”