Nuclear deal still very much on the table despite judgement: Minister says

15 May 2017

Although the government won't challenge the high court decision declaring the nuclear build deal unlawful, it will ensure its new agreements are watertight.

Source: Earthlife Africa Johannesburg

South Africa wil restart the process of negotiating new agreements with Russia, the US, China, Russia and South Korea, says energy minister, Mmamoloko Kubayi.

“It is important to note that there is no intention to table the current agreements, but we will embark to sign new agreements with all the five countries and table them within a reasonable time,” she says.

“I don’t agree with the view that we have failed the nation as the department and we also don’t agree with the view that National Energy Regulator of South Africa has failed the nation.”

Kubayi said while the department accepted the ruling it didn’t necessarily agree with it. “Major concerns” had been raised, and it would fix what needs to be corrected.

“There are things we could have done better but we think as well that the judgement in certain areas has over-reached … it has gone beyond one issue. It was as if the judgement was based on public opinion, not on the law.”

“I would rather have a process that is clean; that is clinical and that when it is scrutinised it can pass the test of scrutiny,” she explains.

In April, the Western Cape High Court ruled in favour of NGOs Earthlife Africa and the Southern African Faith Communities Environment Institute.

The court found that agreements with the various countries were unlawful and unconstitutional. Public oversight and participation had been lacking.