Big victory for little people in nuclear fight

R1 trillion plan unlawful – court

FIGHTING Eskom’s proposed nuclear reactor has given Trudi Malan a lot of sleepless nights. Lucky, then, that’s she is an insomniac.

It’s often late when Malan, who describes herself as a “believer in the power of civil society, environmental activist (and) African penguin propagandist” pores over nuclear-related documents.

And after 13 years interrogating Eskom’s plans for the plant at Thyspunt near St Francis Bay, there are a lot of them.

So far, the 49-year-old has packed 13 arch-lever files, she says, somewhat proudly.

For Malan, who leads the Thyspunt Alliance, a grouping of organisations fighting the project, this week’s ruling in the Western High Court, blocking the government’s R1 trillion nuclear programme, is a victory for the “little guy”.

Malan says organisations like hers feel a sense of solidarity with the SAFaith Communities Environment Institute (SAFCEI) and Earthlife Africa Johannesburg who took the government to court over two years ago to set aside nuclear agreements with Russia.

This week, Judge Lee Bozalek with Judge Elizabeth Baartman ruled the secret tabling of the intergovernmental agreements with Russia, the US and Korea were unconstitutional, unlawful and that they be set aside.

“It does feel like a David and Goliath battle. We feel vindicated. We’ve been saying all along that due process has not been followed, not just with regard to this, but the whole process against nuclear.

“It’s continuously the small organisations, even the ones smaller than Earthlife Africa Jhb and SAFCEI who have to engage with environmental lawyers just to make sure due process is followed.

“We’re up against big money. People slate us because we’re environmentalists, not nuclear physicists, so we’re not allowed to say anything. Fight- ing this takes money and a hell of a lot of commitment… to get to the truth. You have to stick to your guns. But the victory is kind of hollow because the road ahead of us is still long.”

Dr Piet Human, of the NPO Save Bantamsklip, agrees. Bantamsklip, near Gansbaai, is another site mooted for Eskom’s nuclear power station roll-out. “We’re extremely happy with the court outcome, but it’s still part of the process, which has now been postponed for a while.

“That’s part of our strategy as activists… to cause friction and slow down processes. That’s what we did during apartheid – getting the state in court all the time. They’re little obstacles because we’re little people.

“The longer we can postpone their commitment to nuclear, the better. The world is changing. Everyone is pushing for renewable energy, and nuclear will vanish. “

Bantamsklip is the smallest of six floral kingdoms, but boasts more than 9 200 different species of fynbos.

“Our coastline is unique. This is a beautiful place, and now you want to plonk down a big bloody nuclear power station there that could take 45 years to build. It will create havoc environmentally, socially and economically.

“The judgment shows people’s voices do matter. It just becomes unbearable for the government, that’s why they choose these remote places and that’s why it’s important for us to make a big noise. We’re like little birds that pump themselves up to make themselves look bigger.”

Makoma Lekalakala, of Earthlife Africa Johannesburg, says the court victory is part of a much bigger battle, while Liz McDaid, SAFCEI spokesperson, says the organisations “experienced delays and dirty tricks, but we persevered and now we have been vindicated”.

For Malan, the fight centres on saving “the heritage of the first nation – the Khoisan. This is the coastal cradle of humankind and should not be used for nuclear development”.

‘It does feel like a