{"id":172459,"date":"2017-04-26T10:41:49","date_gmt":"2017-04-26T08:41:49","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=172459"},"modified":"2017-04-26T10:57:06","modified_gmt":"2017-04-26T08:57:06","slug":"high-court-strikes-down-russia-sa-nuclear-deal-all-nuclear-deal-propasals-declared-unconstitutional","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/business\/172459\/high-court-strikes-down-russia-sa-nuclear-deal-all-nuclear-deal-propasals-declared-unconstitutional\/","title":{"rendered":"High Court strikes down Russia-SA nuclear deal – all proposals declared unconstitutional"},"content":{"rendered":"

The High Court has issued\u00a0a major ruling in favour of Earthlife Africa (ELA) and the Southern African Faith Communities\u2019 Environment Institute (SAFCEI), setting aside the nuclear deal between South Africa and Russia with immediate effect, according to a report by eNCA<\/a><\/strong>.<\/p>\n

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.<\/p>\n

In addition, eNCA noted that the judgement is expected to\u00a0seriously impact government and Eskom\u2019s ability to bed down a nuclear deal in the immediate future\u00a0as the court set aside all proposed nuclear deals, declaring them unlawful and unconstitutional.<\/p>\n

Judge Lee Bozalek also declared that the minister’s decision over the same time period\u00a0to table certain other nuclear agreements before Parliament were also unlawful and unconstitutional, reported News24<\/a><\/strong>.\u00a0<\/span><\/p>\n

These include the agreement for cooperation between SA and the US regarding peaceful uses of nuclear energy, and an agreement between SA and the Republic of Korea regarding cooperation between the two countries in the peaceful use of nuclear energy.<\/span><\/p>\n

Opposition and other interested parties had previously indicated that the Russia-South Africa deal alone was likely to cost well over a R1 trillion and would “bankrupt” the country in the process.<\/p>\n

\u201cThis court case revolved around whether lawful procedures were followed – and those laws are not there just for show,” said\u00a0Earthlife Africa’s Liz McDade.<\/p>\n

“That is to make sure that R1-trillion, if we\u2019re going to spend that, then everybody in South Africa needs to know what its going to be spent on and whether we really need it.”<\/p>\n

Eskom and the SA government are likely to take the judgement on appeal.<\/p>\n

\n

Read:\u00a0Eskom admits trying to dodge procurement procedures for nuclear deal<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

The High Court has issued a major ruling in favour of Earthlife Africa (ELA) and the Southern African Faith Communities\u2019 Environment Institute, setting aside the nuclear deal between South Africa and Russia with immediate effect.<\/p>\n","protected":false},"author":10,"featured_media":108057,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9872],"tags":[26],"class_list":["post-172459","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","tag-headline"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/172459","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=172459"}],"version-history":[{"count":8,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/172459\/revisions"}],"predecessor-version":[{"id":172479,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/172459\/revisions\/172479"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/108057"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=172459"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=172459"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=172459"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}