Author Archives: Koeberg Alert

Minister Ramokgopa’s withdraws nuclear determination

Posted on by Koeberg Alert

In 2020 Minister Mantashe submitted a determination under section 34 of the Electricity Regulation Act to the National Energy Regulator of South Africa (NERSA) calling for the procurement of 2500MW of new nuclear generation capacity. After a public consultation process, NERSA issued a ‘conditional concurrence’, specifying three suspensive conditions. The main one of these was that the Minister had yet to demonstrate that such a procurement would be ‘rational’. The Department of Mineral Resources and Energy (DMRE) then submitted a response to these conditions to NERSA in July 2023 but controversially did not release that response to the public. The DMRE then announced it had received full concurrence from NERSA and was proceeding with the procurement process.

Many civil society organisations and academic groups maintain that there is no rational basis for a nuclear procurement, which is a possible explanation for the attempt by the DMRE and Mantashe to proceed without public scrutiny. Two organisations, SAFCEI and Earthlife Africa launched a court challenge which demanded that the reasons for lifting the suspensive conditions should also be subject to public comment.

Continue reading →

NNR Court case:  Deadline for ConCourt appeal passes

Posted on by Koeberg Alert

As described in a previous post both Minister Mantashe and the National Nuclear Regulator (NNR) appealed against Peter Becker’s victory in the Western Cape High Court in January 2023. Despite the High Court refusing leave to appeal, the appeal was heard by a full bench of five judges at the Supreme Court of Appeal in Bloemfontein on 17 May 2024.

The Supreme Court of Appeal issued a ruling on 28 June 2024 upholding the High Court findings, as well as making additional observations. The NNR and the Minister could have appealed again to the Constitutional Court, but the deadline to do so passed on 19 July without either party filing papers to the Constitutional Court.

The original case was filed in response to Minister Mantashe dismissing Becker from the Board of the NNR, where he was appointed to represent the interests of communities. Becker asked to High Court to review the Minister’s decision, and the High Court ruled that Mantashe’s decision to dismiss was unlawful, unconstitutional and done in bad faith with an ulterior motive with undue haste.

The following describes the appeal hearing, the ruling and also includes the full Heads of Argument submitted to the Court and the full Ruling (see bottom of this article).

Continue reading →

Civil society responds to NNR decision to extend Koeberg’s unit one licence

Posted on by Koeberg Alert

On Monday 15 July 2024, the National Nuclear Regulator (NNR) granted Eskom a licence to continue operating Koeberg Nuclear Power Station Unit 1 for another 20 years until 21 July 2044.

The decision was made just seven days before the licence expired and civil society organisations are in uproar about what they regard as a rushed and ill-considered decision.

Continue reading →

Threat of legal action forces release of safety information about Koeberg

Posted on by Koeberg Alert
Extract from the previous version of the Safety Case – revision 1a

This press statement was first released by Save Bantamsklip on 15 September 2023

In March 2023 civil society groups rejected the consultation process for the Koeberg life extension run by the National Nuclear Regulator (NNR), citing concerns about a lack of transparency. Those concerns are now vindicated as the threat of legal action has forced Eskom to release information that was previously being withheld from the public by both Eskom and the NNR. (The newly released versions can be found at the bottom of this article.)

Continue reading →

Koeberg refurbishment costs vastly underestimated

Posted on by Koeberg Alert

Issues are mounting at the Koeberg nuclear plant as the life extension project gets further and further behind schedule, the exodus of skilled staff continues, the number of disputes between Eskom and the various contractors continues to mount alarmingly and the expiry date of the operating licence draws closer. Against this backdrop, analysts and activists have questioned the R21bn Eskom has provided for the project and are concerned that massive unreported costs overruns pose a substantial financial risk to Eskom and the Treasury.

Title page of submission on costs of Koeberg life extension

A collaborative effort was made to compose a detailed report titled Submission on Koeberg Refurbishment which was sent to Treasury in early July 2023 by Lydia Petersen, a member of the Koeberg Alert Alliance and the Southern African Faith Communities’ Environment Institute (SAFCEI). To-date there has been no direct response or acknowledgment of receipt of the report from Treasury.

Continue reading →

NNR Court case:  Heading to the Supreme Court

Posted on by Koeberg Alert

Despite two rulings from the Western Cape High Court saying that National Nuclear Regulator (NNR) board member and civil society representative Peter Becker’s dismissal was “unlawful, unconstitutional and invalid”, Minister Mantashe and the chairperson of the NNR Board are both now attempting to take the matter to the Supreme Court of Appeal (SCA). 

In the 26 May 2023 High Court ruling, Judge Babalwa Mantame criticised the respondents, stating: “It appears that the respondents decided on reading the judgment of this Court selectively” and denied Mantashe and the NNR the right to appeal (see below for full judgment). However, both the Minister and the NNR chairperson have now indicated they will be requesting direct access to the SCA.

Continue reading →

Civil society rejects NNR public consultation process for Koeberg life extension

Posted on by Koeberg Alert

Koeberg comes to the end of its life in the second half of 2024 when Eskom’s licence issued by the National Nuclear Regulator (NNR) expires. Eskom has applied to the NNR for a twenty year extension to this licence and were required to prepare a Safety Case which described why such an extension would be safe. Initially, at a Public Safety Information Forum meeting on 31 March 2022, Eskom refused to release the Safety Case publicly but later backtracked and released a redacted version of it with many sections blacked out in January 2023. 

As part of the licence application, the NNR started a public consultation process on 8 January 2023 with a deadline for submissions on 16 March 2023. Due to the lack of transparency from Eskom, civil society organisations have rejected this process and demanded the complete suspension of the comment period.

Continue reading →

State of disaster regulations a nightmare

Posted on by Koeberg Alert

On 27 February 2023 the Department of Cooperative Governance and Traditional Affairs gazetted the national state of disaster regulations related to South Africa’s energy crisis.

When the government first announced that it intended to declare a state of disaster, many experts and organisations stated that it was not necessary and a relaxed legislative environment would erode democratic governance. Inaction by the Department of Mineral Resources and Energy (DMRE) caused the high levels of load shedding. Declaring a state of disaster was just an attempt to deflect blame.

This declaration of a state of disaster to “cut through the red tape” also allows the state to bypass important regulations and processes which is a major concern.

Continue reading →

NNR Court case: High Court hands down scathing judgment

Posted on by Koeberg Alert

First, some background…
The National Nuclear Regulator (NNR) Act of 1999 requires that one Board member is appointed “representing communities”. In 2020 civil society became concerned that this post had been vacant for a while and there seemed to be no attempt by Minister Mantashe to appoint anyone to this position. After receiving nominations for Peter Becker from several civil society organisations and requesting Becker’s CV, the Minister appointed him in June 2021.

In the first Board meeting he attended in July 2021, there was a complaint initiated by Eskom that Becker’s well known anti-nuclear stance was a conflict of interest and it was resolved to get a legal opinion to inform the Board. The opinion was prepared by MacRobert attorneys, and the Chair forwarded this to the Minister on 11 October 2021 without sharing it with the full Board. The Chair also requested that the Minister dismiss Becker by writing in an accompanying letter “since the Minister is the competent authority that is responsible for appointment and removal of NNR board members.” For a summary as well as the full judgment, see below.

Continue reading →

NNR Court case: The Replying Affidavit from Becker

Posted on by Koeberg Alert

The matter concerning Minister Mantashe dismissing Peter Becker from the Board of the National Nuclear Regulator (NNR) will be heard in the Western Cape High Court on 9 November 2022. Becker is asking that the decision to dismiss him is reviewed and set aside.

After receiving answering affidavits from Minister Mantashe and also from the Chair of the National Nuclear Regulator, Peter Becker has submitted a replying affidavit in response to the new points raised in the two answering affidavits.

Below is the text of the Replying Affidavit from Becker, which is now in the public court record.

Continue reading →