We won't appeal nuclear judgment – Minister
Publish date: 15 May 2017
Issue Number: 725
Diary: IBA Legalbrief Africa
Energy Minister Mmamoloko Kubayi will not appeal last month's ruling by the Western Cape High Court that government’s attempts to secure 9.6 gigawatts of nuclear energy were unlawful, she said on Saturday, notes a report on the IoL site. On 26 April, two judges of the Western Cape High Court hearing an application by Earthlife Africa and the Southern African Faith Communities’ Environment Institute (Safcei) set aside as unlawful and unconstitutional the initial section 34 determination (in terms of the Electricity Regulation Act) to procure nuclear energy in 2013, the subsequent section 34 determination in 2016, and the co-operation agreements signed with Russia, the US, and South Korea. Costs were ordered against the Minister. Kubayi said she had instructed the department to review the processing of all future section 34 determinations and review all determinations in place to ensure compliance with the judgment. Further, in accepting the ruling of the court and ensuring that no impropriety was suggested in future, the department would seek to ‘apply standardisation in both form and processing (relating to proper tabling before Parliament and its committees) of all intergovernmental agreements to be concluded with international countries’.
SA will sign standardised agreements with the US, China, South Korea, France and Russia, Kubayi said, according to a Fin24 report. SA had signed accords with the US, China, South Korea, France and Russia to possibly use suppliers in those countries to build nuclear plants to generate as much as 9 600 megawatts of electricity, about a fifth of current generation capacity. ‘We will sign new and standardised agreements with the five countries and this should start in June,’ Kubayi said.