Minister of Mineral Resources and Energy Gwede Mantashe. Photo: Phando Jikelo/African News Agency (ANA)
Several civil society organisations have welcomed the Western Cape High Court judgment that berated Mineral Resources and Energy Minister Gwede Mantashe for his unlawful firing last January of Peter Becker, the civil society representative on the board of the National Nuclear Regulator (NNR).
The South African team lead at 350Africa.org, Glen Tyler said in a statement yesterday: “It is amazing that a minister needs to be hauled to court to understand that having a community representative with opposing views on a regulator’s board is okay. This is more evidence of Mantashe’s biases against a quick and just transition to renewable energy.”
Mantashe’s office said in response to BR questions about his reaction to the judgment: “With regard to Mr Becker’s court case we wish to indicate that the department is studying the judgment and taking advice from its legal team.”
The Green Connection’s strategic lead Liz McDaid said: “As one of many civil society activists who challenged the Zuma-era nuclear deal, this judgment is a great step forward. Good governance means effective oversight… This is political interference at its worst and a reason why the NNR should be placed under a minister with environmental safety at its core,” McDaid said.
Founding member of the Koeberg Alert Alliance (KAA) Mike Kantey also welcomed the judgment, and said Becker was an acknowledged expert on nuclear safety and public health and he also enjoyed the active support of many civil society structures across the country.
“With two such important agenda items such as defects in the current nuclear reactors and the application for a licence to extend the lifespan of the two reactors beyond their sell-by dates, we could not have a more respected community representative,” said Kantey.
The Western Cape High Court last Thursday agreed with Becker that his dismissal was “unlawful, unconstitutional and invalid”, and set that decision aside. The minister, NNR chairman and the NNR were ordered to pay Becker’s legal costs.
Mantashe had fired Becker in January, 2022 after Eskom complained about Becker’s well known anti-nuclear views, at the NNR’s first board meeting.
“‘The minister thought it is the business of the board to advocate for nuclear energy” and that is a mistaken understanding,“ the judge said. The judge also agreed with Becker’s submission that “the minister acted in bad faith and with an ulterior motive”, a statement from a range of civil society organisations said, citing the judgment.
“The manner in which the board dealt with Mr Becker is not commendable, and the process followed was vitiated by procedural unfairness. Instead of dealing with the issue in a confrontational manner, the board should have acted in a better and in a more constructive manner, and pragmatically and in a more professional manner,” the judge said.
According to law, one board member of the NNR is required to be appointed “representing communities”, and in June, 2021 Mantashe had appointed Becker after recommendations from several civil society organisations. Mantashe formally dismissed Becker on January 19, 2022.
Becker said: “I believed the minister did not understand the law correctly when it comes to the NNR, and that it was in the public interest to get clarity from the courts. This ruling is strongly supportive of that belief.”
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