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.