Environmental bodies turn to court on nuclear deal

ENVIRONMENTAL non-profit organisations are challenging the Department of Energy in court next week on the procurement of 9 600MW of nuclear energy.

The Western Cape Division of the High Court will hear the case submitted by Earthlife Africa Johannesburg and Southern African Faith Communities Environment Institution (SAFCEI) next Tuesday and Wednesday.

Earthlife Africa and SAFCEI allege in their court documents that the Minister of Energy, Tina Joemat-Pettersson, failed to put the necessary processes in place to lawfully conduct the nuclear procurement deal and to meet constitutional requirements for a “fair, equitable, transparent, competitive and costs effective process.”

Department of Energy spokesman Maropeng Ramokgobathi said: “There is nothing sinister about the government plans for the nuclear new build programme. The government has repeatedly assured the nation that the procurement process will be transparent.”

The Department of Energy gazetted a 2013 section 34 determination required for a nuclear procurement process in 2015, keeping it secret for two years, according to SAFCEI. The organisation also noted that a uranium mining application had been made in the Karoo with minimal public consultation.

“The government’s ongoing efforts to procure 9 600MW of nuclear energy behind closed doors and without taking the public into its confidence marks a critical point in the post-1994 political landscape,” said senior programme officer of Earthlife Africa Makoma Lekalakala.

“Civil society’s attempts to obtain information on and serious public interest questions regarding the potential negative impacts, such as impacts on electricity prices, of the procurement deal of the century have been frustrated and blocked at every turn.”

Both Earthlife Africa and SAFCEI will question the legal- ity and constitutionality of various issues in court including an intergovernmental agreement (IGA) on partnership and nuclear co-operation signed by Russia in 2014, the reported failure of the minister to determine the electricity generation capacity required from nuclear power and the tabling of outdated IGAs on nuclear co-operation with the US and Republic of Korea.

In addition to concerns about environmental risks associated with nuclear power, members of the organisations expressed concerns over the economic impact of a nuclear deal, questioning if South Africa could afford it.

It was reported last week that the Treasury did not have the funds to support the project and had informed Eskom its R350 billion for construction of the programme would not cover the cost of the deal.

Despite this information, Eskom is pushing ahead with plans to publish the Request for Proposals this month in the hope of implementing the project in 2025.