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.
The affidavit expresses the view that the function of NNR Board members is to ““Loyally execute the policies of the government of the day” which includes the life extension of Koeberg. The Minister characterises resistance to this plan as “political opposition”, misconduct, and a justified basis for dismissal.
Below is the text of the Answering Affidavit from Minister Mantashe, which is now in the public court record.
In April 2021 Peter Becker launched a high court application to review the decision by Minister Mantashe to dismiss him from the Board of the National Nuclear Regulator (NNR). Previous posts included the Founding Affidavit and the Supplementary Founding Affidavit. After requesting and being granted a three week extension to the deadline, the Chair of the NNR Board, as the second respondent, and the NNR itself as the third, supplied their combined answering affidavit on 1 August 2022. This is the only opportunity for them to present evidence to the court.
Below is the text of the combined Answering Affidavit from the NNR Board Chair, which is now in the public court record:
After appointing Peter Becker to the Board of the National Nuclear Regulator (NNR) in June 2021, Minister Mantashe fired him in February 2022. Becker has launched an application in the High Court to have this decision reviewed. This includes a call for the record of the decision, accordingto Rule 53 of the Uniform Rules of Court. The logic behind this rule is that a court cannot be expected to determine if a decision is rational without seeing what was before the decision maker at the time.
Thirty three documents comprising the record have been released by the Minister via the State Attorney, and are now part of the public court record. These documents are also available at the bottom of this article.
The hiring and firing of Peter Becker by Minister Mantashe has been covered extensively in the press recently. Becker was appointed to the National Nuclear Regulator (NNR) Board to represent communities in June 2021, and fired for ‘misconduct’ in February 2022. Becker is in the process of challenging this in the Western Cape High Court, asking that the decision to remove him be reviewed and set aside.
The Minister and the NNR have until 10 May to produce the record of the decision. Despite this, the Minister recently issued a call for nominations to replace Becker. The deadline for nominations was 6 May.
In a speech in the Eastern Cape on 7 May, Mantashe is reported as saying that he will fire anyone on the NNR Board who does not advocate for nuclear power or ‘resists’ nuclear power. This appears to make it clear that anyone nominated must be someone who will ‘advocate’ for nuclear power, irrespective of the opinions of the communities they are appointed to represent.
After appointing Peter Becker to the Board of the National Nuclear Regulator (NNR) in June 2021, Minister Mantashe fired him in February 2022. Becker has launched an application in the High Court to have this decision reviewed. If successful, it would mean that he would return to his position on the NNR Board.
The Minister’s decision to discharge Becker was based on a complaint in July 2021, shortly after he was appointed. The founding affidavit (linked below) submitted to the court paints a picture of a decision by the Minister based on unsubstantiated allegations combined with a misunderstanding of the role of the NNR.
Statement from the South African Faith Communities Environment Institute Released 4 March 2022
It has now been just over a week since Energy Minister Gwede Mantashe fired Peter Becker (on 25 February) – the community representative on the board of the National Nuclear Regulator (NNR), a position that is required by law – and many communities and civil society organisations are seething. Many feel that this dismissal implies, especially for those communities who live in the surrounding areas of Koeberg and near sites that government has earmarked for nuclear (such as Thyspunt), that their safety and their concerns about nuclear energy will either be silenced or will not effectively be dealt with.
According to Francesca de Gasparis, Executive Director at the Southern African Faith Communities’ Institute (SAFCEI), “This dismissal also sends the wrong message to current and future board members, who may not want to risk their position by speaking out about issues that concern them and those they represent. The role of the community representative on the Board is to represent communities when it comes to developments that could put their wellbeing and livelihoods at risk.”
After a long process which began in July 2021 Minister Mantashe provided reasons why he intended to fire the civil society representative on the Board of the National Nuclear Regulator (NNR) on 16 February 2022. This was the first time the Minister had committed his reasons to paper, and it provided the first opportunity for Peter Becker, the suspended Board member, to respond to the allegations of misconduct that the Minister was making.