ESG and the future of sustainability
Environmental Social Governance (“ESG”) is not simply a box ticking exercise. Its about how your company can make a difference for both your business and the world.
Environmental risks collide with financial capital risks as investors inspect the long-term viability of companies with regard to climate change.
Social factors have become the focus of many boardroom discussions. The impact of Covid and major economic disparities have led to the need for companies to respond to social shifts. Corporate Social Responsibility (“CSR”) has been on the agenda for many years. ESG creates a new level of inspection that organisations face when it comes to dealing with these issues.
ESG is fundamentally a forward-looking Integrated Risk Management approach which acts a barometer for which companies are willing to thrive and which are likely to decline in a world of social and environmental uncertainty.
Companies who are heavy Green House Gas (“GHG”) emitters are unlikely to attract investor interest if they do not have a credible ESG story explaining their approach to long-terms viability.
ESG and CSR are both ways that businesses can demonstrate their commitment to sustainable business practices. CSR can be seen as the “big-picture” perspective on sustainability, and ESG is the practical, detail-orientated perspective on sustainability.
In other words, CSR is the precursor to ESG. Companies can commit to sustainable practices with the aim of making a positive impact on society. Then, the action undertaken in a CSR strategy can be refined and fit into ESG metrics and reporting.
CSR reaches beyond social and environmental help; it also positively impacts business reputation.
Examples of CSR include:
- Lowering carbon footprint
- Investing in environmentally conscious businesses
- Participation in volunteer work
- Engaging in charitable projects.
How is CSR reflected in the Companies Act?
Section 7 highlights the purpose of the Companies Act:
- Promote compliance of the Bill of Rights
- Promote the development of the South African economy
- Encouraging transparency and high standards at Corporate Governance.
How is Corporate Social Responsibility reflected in the B-BBEE Act?
- Companies are encouraged to play their part in the upliftment of black communities by working with Small, Medium and Micro Enterprises (“SMME’s”) and Non-Profit Organisations (“NPO’s”)
- The B-BBEE Act also encourages the participation of designated groups in shareholding, either directly or indirectly through trusts or NPC’s. The Act also encourages companies to assist NPO’s. The specific aspect is recognised under the statement 500, Socio Economic Development.
B-BBEE objectives, together with CSR, are necessary elements in the positive socio-economic transformation of the country. EST manifests in the Quantitative, externally regulated evaluation of both the initiatives of CSR and integrated B-BBEE initiatives.
It is clear that there is a need for an integrated strategy for CSR, ESG and B-BBEE.
Carbon Zero Solar will continue to provide you with the ongoing developments around the initiatives and regulations associated with ESG, both for the private sector and publicly listed entities. The current position forms part of this article with updates to follow our time.
The Primary Substantive ESG-related regulators |
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1 | Regulation 28 of the Pensions Fund Act, 1956 |
Requires a Pension Fund/Board, before investing in an asset to evaluate ESG factors incorporating:
· Environmental aspects; climate change, energy, water usage/scarcity, waste management, etc. · Social; human rights, community relations, and how B-BBEE is advanced. · Governance; corporate structure, management, strategy, anti-bribery, etc.
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2 | Financial Sector Conduct Authority (FSCA) |
Conducting business sustainably and managing the interaction of business and environment including ESG factor. Prudential Standard GOI3, issued by the Prudential Authority (PA) required factors looking for “long-term” performance of assets including ESG factors.
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3 | Public Investment Corporation (PIC) Amendment Act 2019 (in law 2021) |
The corporation must promote “sustainable development” specific ESG-related laws and regulations have also been promulgated, in respect of carbon tax, energy efficiency and a national minimum wage.
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4 | The second code for responsible investing in South Africa (CRISA2) – published September 2022 |
A voluntary initiative that guides institutional investors in developing and implementing sustainable and long-term investment strategies. Principle 1 reflects on a systematic approach to integrating material ESG factors. Reporting on CRISA2, is from1st February 2023.
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5 | King IV on Corporate Governance 2016 |
17 Principles organizations should apply; ethical culture, good performance, effective control, and legitimacy. King IV, regards sustainability as an element of value-creation.
Principle 17, ensures responsible investment.
Principle 3 of King IV applies only to pension funds. This requires that its investment analyses and practices take account of sustainability including ESG considerations.
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ESG Disclosure Regulators | |
1 | JSE listed companies |
Are subject to general continuing disclosure under JSE listing requirements, which apply to financially material ESG issues. |
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2 | JSE – King IV – “Apply and explain” |
ESG is an important aspect of the integrated report, informed by guidance and standards from several frameworks, including Global Reporting Initiative (GRI), International Integrated Reporting Committee (IIRC) all referring to ESG reporting standards. |
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3 | The European Union (EU) on sustainability related disclosures – March 2021 (SFDR) |
The SFDR is expected to be influential in the development of mandatory disclosure of ESG matters in South Africa. |
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Voluntary ESG disclosure | |
1 | JSE’s June 2022 publication on Sustainability Disclosure Guidance and Climate Disclosure Guidance |
Draws international reporting frameworks for reporting on ESG. |
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2 | FTSE/JSE Responsible Investment Index Series and FTSE ESG ratings |
Principle of CRISA2, the transparency principle, recommends meaningful disclosure including ESG. |
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Laws and regulations currently in proposal process | |
1 | National Treasury – Financing a sustainable economy; Technical paper 2021 |
The paper describes “sustainable finance” to mean “better development” and “better finance” and refers to ESG factors, and has several ESG related recommendations. The technical paper was developed by a working group of 50 stakeholders including; SARB, FSCA, PA, DEA, SAIA, BASA, ASISA, BATSETA, etc.
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Private Sector Developments | |
1 | CRISA2 |
A significant private sector initiative for advancing ESG and stewardship in SA.
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2 | JSE – Sustainability Index |
Since 2012, JSE has partnered with FTSE Russell to create an index for responsible investment.
The JSE also runs an annual responsible investment/ESG investor briefing to engage ESG issues.
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3 | BATSETA – October 2021 |
Launched the Asset Owners Forum SA, for 15 of the largest retirement funds and refers directly to ESG matters and factors.
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Principal regulators | |
1 | National treasury – Ministry of Finance |
Established PA and FSCA. Both are empowered to make prudential standards. One such standard is the Prudential GO13, which requires an insurers investment policy to consider ESG factors.
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Integrating ESG into Business Operations and Planning | |
1 | The Board of a company is primarily responsible for ESG management |
Public companies have Social & Ethics Committees (SEC) and their function is to report on ESG related matters. |
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Towards the Future | |
1 | ESG will become a core strategic concern for corporates driven by internal and external factors |
2 | Executive compensation will become linked to ESG |
3 | Climate change is the key ESG challenge |
4 | ESG related shareholder activism will rise |
5 | Banks and lenders will take ESG risk into account more than historically |
6 | More ESG products will be developed |