The Western Cape High Court has passed judgement on a court case brought by Earthlife Africa (ELA) and Southern African Faith Communities’ Environment Institute (SAFCEI) against the South African government.
The judgement sets aside, with costs, government’s decision to sign nuclear agreements with other countries including a hugely controversial R1 trillion deal with Russia.
The court case was brought about by ELA and SAFCEI in 2015 when the organisations got wind that government was secretly trying to procure nuclear power.
This process along with the Section 34 Determination to procure nuclear energy was illegal and contravened the constitution argued the organisations.
In addition, both ELA and SAFCEI took issue with former minister of energy Tina Joemat-Pettersson’s decision to give Eskom the power to determine who would provide nuclear energy. The organisations say Joemat-Pettersson’s decision was made without public participation or consultation.
Fin24 reports that Marius Oosthuizen, legal counsel for the government, argued that international agreements between countries – such as these nuclear deals – are not required to be debated in parliament as it is not a constitutional matter.
For now, at least, nuclear power from Russia with love may be off the table.[Via – Fin24] [Image – CC BY SA Tony Webster]