mobile menu mobile search

Government will challenge High Court’s nuclear energy ruling

Government will challenge High Court’s nuclear energy ruling

Energy minister Mmamoloko Kubayi told the portfolio committee on energy on Tuesday that she would be challenging the recent High Court ruling that called the country’s nuclear procurement processes unconstitutional.

She said that the department remains committed to the nuclear energy plan, and would seek a declaratory order from the court that it can continue with its plans, or alternatively appeal the judgment.

According to Kubayi, she has not problem with the request in the judgement that more public participation take place, saying she is in favour of running an open and transparent process.

She stressed, however, that the nuclear plan couldn’t be abandoned, with nuclear energy forming an integral part of the country’s energy future, with predictability and certainty needed for investors.

The high court issued a major ruling in favour of Earthlife Africa (ELA) and the Southern African Faith Communities’ Environment Institute (SAFCEI) last week, setting aside the nuclear deal between South Africa and Russia with immediate effect.

ELA and SAFCEI argued that the processes followed by government and Eskom leading up to the decision to sign agreements with Russia, and the Section 34 Determination to procure nuclear power, were illegal and not in line with constitutionally sound administrative decision-making.

The ruling has set back South Africa’s nuclear ambitions significantly, with even appeals processes and the litigation surrounding it likely to push back the process by about a year.

According to analysts, this delay is likely to put even more pressure on president Jacob Zuma and the political sphere leading up to the ANC’s elective conference in December, as the nuclear programme is a key component in pushing certain political interests.

The appeal comes as no surprise.

“The stakes politically and geopolitically for the government, and specifically for President Zuma, are simply too high. So much has been invested in terms of political capital, including two reshuffles. We therefore fully expect the government to continue to push down this road,” said research analyst at Nomura, Peter Attard Montalto.

“The stakes politically and geopolitically for the government, and specifically for President Zuma, are simply too high. So much has been invested in terms of political capital, including two reshuffles. We therefore fully expect the government to continue to push down this road.”


Read: Zuma can’t afford to let nuclear go: analyst


BusinessTech's Staff Writer is directly plugged into the South African Internet backbone, and spits out press releases and other news as they receive it. They are believed to be cl...
TAGS: Headline
Join the Conversation
  • Charl van der Merwe

    Now look at them yo-yo’s that’s the way you do it….

    Shuffle for nothin’ and chicks for free.

    • NothingNewAtAll

      We really are in Dire Straits…

      • Literally Mario

        You get a shiver in the dark,
        It’s a raining in the park.

        We are the Guptas.
        We are Guptas of Greed

        • NothingNewAtAll

          I think we need some Private Investigations. Know of any Local Heroes to undertake them?

          • Literally Mario

            Yeah I know this guy named Harry,

            he doesn’t mind, if he doesn’t, make the scene

            He’s got a daytime job, he’s doing alright

            He can play the honky tonk like anything

            (I’m quoting Sultans of Swing by Dire Straits, if you are confused)

          • NothingNewAtAll

            I know that… Private Investigations and Local Hero are also theirs…
            I think that showerhead has lost his mind, possibly due to contracting an Industrial Disease. Or maybe he’s just trying to rule with an Iron Hand.

          • NothingNewAtAll

            Or maybe Zupta is Twisting by the firePool…

          • John Phoenix

            And I said look out, Lord, He’s going to win
            The sun is down and the night is riding in
            That train is dead on time, many souls are on the line
            Oh Lord, He’s going to win.

            CDB – Spanish (gravy) train.

      • Nicholas Alan Groves

        More like “Diarrhea”

  • NothingNewAtAll

    Rule 1: Don’t mess with Putin.
    All other rules: See rule 1.

  • Jacqueline Geerlings

    Wow, she only took a few days to lick Zupta’s arse! 🙁

    • NothingNewAtAll

      Clearly it’s very tasty…

  • Nicholas Alan Groves

    “According to Kubayi, she has not problem with the request in the judgement that more public participation take place, saying she is in favour of running an open and transparent process.”

    Why not do it then correctly then from the bloody word GO ????

    I’m going to eye roll myself into another dimension at this rate. Pressure is on butternut head to fulfill his back-handers and cronyism. I hope the appeal, and subsequent appeals all push this beyond 2019…(I dunno what a “not problem” is still.)

    *slow clap* Already invested millions in this…well done cANCer..

    • Konstabel Koekemoer

      Hard to be transparent while collecting huge bribes and giving business to family and friends.

  • “According to Kubayi, she has not problem”
    has not problem…

  • Erlo Muhl

    Mmamoloko Kubayi must read her mind if she possesses one as such a decision will be disastrous to our country in many ways. Concerning poor financial judgment and safety wise: Radiation for the generations: still to come. The developed world knows what danger is played with if you build nuclear power stations. Even the Russians had nightmares and big losses when one of their reactors went bonkers. What about the problems Japan encountered? We as citizens of S.A. must not budge to people that want to fill their pockets with our taxpayer’s money and bribes from the initiators.

Join our newest FREE BusinessTech newsletter today!
×