Climate Change Management Bill HB 5, 2025

The Climate Change Management Bill would create Zimbabwe's first standalone climate statute. It is a proposal before Parliament: if enacted it would come into operation on a date the President fixes by statutory instrument, so nothing in it binds anyone yet.

The Bill would put the Climate Change Management Department on a statutory footing inside the responsible Ministry, headed by a Director in the public service, with four units under Deputy Directors — a Climate Transparency and Compliance Unit, a National Ozone Unit, a Loss and Damage Unit and a Carbon Trading Unit. Inspectors and officers would be appointed by the Public Service Commission, and would not be personally liable for acts done in good faith and without gross negligence.

The measure with the sharpest commercial edge is the proposed National Emissions Trading System and Levy. The Department, with the Environmental Management Agency, would prescribe greenhouse gas emission thresholds by statutory instrument, each carrying a methodology for quantifying the threshold. A person exceeding a threshold would have to buy a carbon credit in the manner specified or, failing that, pay a levy under the Finance Act. Any such statutory instrument would be laid before Parliament and could be annulled by resolution within 30 days, without disturbing what was done under it in the meantime. Specified persons would have to make regular returns of emissions data, measured in tonnes of carbon dioxide equivalent, and the Department could enter data sharing agreements with public and private bodies.

A National Climate Fund would be established, vesting in the Minister as trustee and administered by the Ministry's accounting officer. Its objects would include funding mitigation and adaptation projects, co-financing to unlock climate finance, project preparation, grants to local authorities, impact assessments, gender and inclusion mainstreaming, public awareness, capacity building, technology transfer, incentives for clean energy transition, funds to avert and minimise loss and damage, and provision for unforeseen climate emergencies.

Duties would run across government and business. Every ministry, department, agency and local authority would have to establish a climate change desk, integrate adaptation into plans and budgets, support carbon emission reduction targets and report sectoral emissions — and appoint a climate change focal officer within six months of commencement. The Minister could impose obligations on private entities including annual carbon reduction targets, designating a climate change or sustainability officer, periodic performance reports, independent compliance audits including emission tests, and cooperation on climate-friendly technology.

Offences would cover ignoring a lawful instruction from the Department, obstructing its officers, submitting false or misleading information, and exceeding a prescribed emissions threshold. Fines would be set with regard to the severity of the impact on the climate, environment and public health and to the benefit the offender gained. Where a body corporate offends, a director or officer who knew and failed to exercise due diligence would face a fine up to level 14 or five years' imprisonment, or both; partners face the equivalent. Under the ozone schedule, failing to meet import marking and labelling requirements would carry a fine up to level 11 or six months.

Schedules would control ozone depleting substances, greenhouse gases and dependent equipment — including a bar on importing phased-out substances or appliances failing the SAZ/IEC:62552 energy performance standard, with licence applications made online through the Government E-Services Portal — and provide for carbon trading.

The Bill's own explanatory memorandum covers every clause from 1 to 40. Note that the text available here was truncated at the extraction limit, so the later schedules are summarised only in part.