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Sustainability needs a stronger legal backbone

by reporter
July 6, 2026
in Latest
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Portrait of a woman with curly hair in a navy blazer, looking at the camera and smiling.

By Des-Rose Engelbrecht

World Environment Day 2026 was centred on the theme of climate action, highlighting the urgent need for collective global efforts to confront climate change and advance a more sustainable future.

While this theme placed particular emphasis on climate action, I think it’s important to reflect and push a broader environmental and legal mandate that extends beyond climate resilience alone.

Namibia is celebrated for its expansive, largely untouched landscapes, remarkable natural beauty, and diverse biodiversity, and this has, in a sense, become our country’s global imprint.

From its world-famous deserts to its distinctive coastline, the country supports a wide range of endemic species and delicate ecosystems that hold both national and international significance.

Particularly noteworthy is Namibia’s entire coastline, which is legally protected through a network of national parks. This type of protection is vital for the conservation of biodiversity, the preservation of sensitive ecosystems, and the safeguarding of habitats and species that form part of the country’s invaluable natural heritage.

In the context of Africa Day, commemorated on 25 May, and Genocide Remembrance Day, observed on 28 May, the natural environment may also be understood as a space of historical memory and collective belonging, further underscoring the importance of its protection.

In Namibia, environmental law serves as a regulatory framework, but also as a fundamental instrument for protecting the nation’s exceptional ecological resources for the benefit of present and future generations.

Namibia has a distinguished history of protecting its vulnerable and sensitive environments and remains one of the few countries globally to recognise environmental protection in its Constitution.

To maintain and give full effect to this constitutional status, it is essential that environmental laws and regulatory measures be implemented in a proactive manner, that existing criteria be continuously monitored and evaluated, and that they be amended where necessary to respond effectively to evolving environmental risks and governance demands.

All Government institutions, companies, other organisations and individuals that are involved in planning or undertaking any listed activities must apply the principles outlined in the Environmental Management Act 7 of 2007, before starting any operations that might likely cause a significant effect on the environment.

When considering our national renewable energy goals, Namibia should prioritise the strengthening, refinement and effective implementation of environmental laws that ensure renewable energy development proceeds in a sustainable, lawful and ecologically responsible manner.

In this regard, some of the most important laws requiring continued review and improvement are the Environmental Management Act 7 of 2007, the Environmental Impact Assessment Regulations, 2012, the Water Resources Management Act 11 of 2013, and the Nature Conservation Ordinance 4 of 1975, as amended by the Nature Conservation Amendment Act 3 of 2017.

These laws collectively govern environmental clearance, impact assessment, water use, pollution control, biodiversity conservation and protected-area management, all of which are directly implicated in the expansion of renewable energy infrastructure in Namibia.

We should not focus only on energy-sector reform, but must also strengthen the environmental legal framework that governs where, how and under what conditions renewable energy projects may proceed.

Namibia’s renewable future will be most credible and sustainable if it is built on a legal foundation that protects biodiversity, safeguards water resources, ensures rigorous environmental assessment, and gives proper effect to constitutional principles of sustainable development.

The global commitment to the UN’s 2030 Agenda for Sustainable Development highlights the urgent need to tackle societal, economic, and environmental challenges through 17 interlinked goals. Despite its critical role, the importance of legal framework in achieving these sustainable development goals is often overlooked.

In July 2025, the International Court of Justice issued a landmark ruling: countries have legal obligations to act on climate change.

The case was brought by Vanuatu – a Pacific island state – and suported by over 130 nations, including many African and Caribbean governments – marked a significant step forward in defining accountability at a global level. It was unprecedented in international law.

However, nearly one year after this ruling, the gap between legal obligation and real-world action remains stark. Governments collectively pledged US$750 million to address climate damages.

Less than US$190 million has been delivered to date.

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