Two problems have recently plagued South Africa: insufficient energy supply and water scarcity. Hydraulic fracturing for extracting shale gas forms the backdrop to the consideration of law making and governance patterns to meet challenges of integrating new technologies into the energy landscape. The chapter highlights the climate change imperative that necessitates law making for the integration of ‘new’ technologies into the sector, and the law’s role in their governance. It considers reasons for, and potential success of, hydraulic fracturing as a method of gas extraction, alongside the environmental concerns feeding off the water scarcity problem. Further cultural and contextual concerns with hydraulic fracturing in South Africa are also considered. Law and policy making has failed to address concerns that would speak against introducing this technology. The chapter critiques the Government’s choice of addressing weaknesses in the law by introducing secondary legislation rather than involving a parliamentary process for considering amendments.

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