Minister provides reasons for intention to discharge community representative

Previous posts have described how Minister Mantashe suspended the Board member who was representing communities on the Board of the National Nuclear Regulator (NNR). This suspension had no basis in law, and to avoid an urgent court case set for 8 February 2022, a settlement was reached whereby Mantashe agreed to make a decision on whether or not to discharge the Board member by 15 February. Despite this settlement agreement being made an order of the court, Mantashe failed to do so. However, on 15 February he finally laid out his reasons for intending to discharge the Board member. The full letter is included below.

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Suspension of NNR Board member challenge: settlement reached

Issued by Rodney Anderson, of Save Bantamsklip

Save Bantamsklip | Xplorio Gansbaai

Six months after appointing a Board member to the Board of National Nuclear Regulator (NNR) in order to represent affected communities, Minister Mantashe unlawfully suspended Peter Becker on 18 January 2022. He has been a vocal campaigner against nuclear power in South Africa for about 12 years, and when Mantashe appointed him in June 2021 it was widely welcomed as an enlightened step. According to the NNR Act of 1999, the NNR Board also includes a member from the Department of Mineral Resources and Energy (DMRE), well known for a very pro-nuclear stance.

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Suspension of NNR Board member: Response

Further to our previous post re being excluded from Board meetings, and later receiving a letter from Minister Mantashe suspending him, Peter Becker’s legal representative wrote as below to the Minister.

It has since emerged that on the same day of the letter, 18 January 2022, Eskom received approval from the National Nuclear Regulator (NNR) to go ahead with the replacement of the first three steam generators at Koeberg.

It is a peculiar coincidence that based on a legal opinion delivered in early October 2021, the Minister happened to write the suspension letter on the day the NNR approved this major project, which is a key component of Eskom’s plan to extend the life of the ageing plant by twenty years.

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Minister suspends Civil Society representative to NNR

Further to our previous post re being excluded from Board meetings, Peter Becker, the representative of communities potentially affected by decisions of the National Nuclear Regulator, has been formally suspended with immediate effect.

Becker strenuously denies all the allegations of ‘misconduct’ and ‘conflict of interest’ which have been made against him and hopes to challenge this decision and have it reversed.

Meanwhile, the Regulator presses forward with deliberating on what approvals to grant the Koeberg Nuclear plant at a critical time when work is about to start to extend its lifetime by twenty years. This is precisely the time when it would be in the public interest to have someone with Becker’s expertise involved in oversight of NNR processes.

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Civil society responds to reports of Koeberg contract

It was recently widely reported in the media that a US-based engineering company has been awarded a portion of a R20bn contract to extend the life of the Koeberg nuclear power plant. Activists and civil organisations are concerned that the legal processes required to grant a licence for a life extension have not been followed.

Koeberg’s nuclear licence expires in 2024

In order to operate beyond 2024, Eskom needs the approval of the NNR, and a new licence to be issued. This licencing process is described in new regulations published in March 2021, which requires a notice in the government gazette as well as announcements in local newspapers. This would allow the public to make comments for the NNR to take into account before making a decision. However, it appears that this process has not been followed.

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Top COP or Flop COP?

And finally, its over.  Negotiations carried on until 3.30am this morning, and ended with the ‘Durban Deal’.  It has three main features.

The Three Part Deal – KP, GCF, and … something

Firstly, the Kyoto Protocol (KP) will be extended in its current form for five years.  Civil society is divided on whether this is a flop or ‘top’.  Continue reading