State decides not to appeal ruling on nuke deal but to begin afresh

Minister of Energy Mmamoloko Kubayi announced on Saturday she will not be appealing against the Western Cape High Court judgment declaring the government’s R1-trillion nuclear programme unconstitutional and unlawful.

Kubayi said that new agreements would be signed with the five countries involved in the deal‚ which are the US‚ China‚ South Korea‚ Russia and France.

She added that the government remained committed to the currently approved energy mix policy and would continue to implement all forms of energy sourcdes tol secure the supply and availability of energy in the country.

“We appeal to our stakeholders to stop the temptation to divide the sector between Nuclear and Renewables‚” Kubayi said in a statement.

Last month‚ two NGOs — Earthlife Africa and the Southern African Faith Communities Environment Institute — successfully challenged plans to acquire nuclear power‚ arguing that the government could not afford the R1-trillion price tag.

Kubayi said she had consulted with officials in her department as well as legal representatives dealing with the matter and that major concerns had been raised with regards to the judgment and its implication to the department in relation to the agreements that affected the country’s counterparts and Section 34 determinations.

She said that had instructed her department to review the processing of all future section 34 determinations and all determinations currently in place to ensure compliance with the judgment.

In accepting the ruling of the court‚ and ensuring that no impropriety was suggested in the future‚ she had also instructed that the department “seek to apply standardisation in both form and processing (relating to proper tabling before parliament and its committees‚ of all Intergovernmental Agreements to be concluded with international countries”.

“It is important to note that there is no intention to table the current agreements but will embark to sign new agreements with all five countries and table them within reasonable time to parliament for consideration‚” Kubayi added.

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