Latest update on our nuclear court action

Read our latest press releases:

9 September 2016: Nuclear procurement - government ignores court case

18 August 2016: Nuclear court case - more missing documents requested

29 June 2016: Earthlife Africa press release: WorleyParsons - more evidence of Rosatom nuclear scandal

12 June 2016: Government finally replies to nuclear court case

3 June 2016: Government lawyers miss third deadline in nuclear court case

17 May 2016: Government dragging its heels in nuclear court case

11 May 2016: No nuclear bail outs

6 April 2016: Is this sanity or incompetence?

30 March 2016: Court case exposes web of secrecy in government nuclear dealings

2 March 2016: Government attempts to undermine legal case against nuclear

28 January 2016: Nuclear goes ahead despite omission from NDC

For more information please visit nuclearcostssa.org to find all the latest news on nuclear and uranium mining, it's dangerous predecessor which is threatening the Karoo.

SAFCEI and Earthlife Africa (Johannesburg) launched their court application on the 12th October 2015.  A Notice to Oppose was served on our lawyers on 28 October 2015 on behalf of the 1st Respondent (Minister of Energy) and we also received notice that the President intends to oppose the application.

For further information, contact Liz McDaid ( +27 827315643 / liziwe@mweb.co.za) or Dominique Doyle (+27 79 331 2028 / dominique@earthlife.org.za)

Court papers

4-august-2016-letter-to-snr-state-attorney-earthlife-africa-jhb-v-minister-of-energy

Letter-from-state-lawyers-refusing-request

ELA-JHB SAFCEI Supplementary Founding Affidavit

ELA-JHB SAFCEI Annexures to Supplementary Founding Affidavit

Read the Nuclear draft notice of motion here

Read the Nuclear founding affidavit here

Read the Rule 16A notice here

In brief, ELA-Jhb and SAFCEI are going to challenge the legality and constitutionality of:

• the intergovernmental agreement on strategic partnership and nuclear cooperation signed with Russia last year (Russian IGA);
• the tabling of the Russian IGA in Parliament under a provision that makes the agreement binding on the international plane without the need for parliamentary ratification;
• the tabling of outdated IGAs on nuclear cooperation entered into with the USA and Republic of Korea;
• the failure by the Minister in terms of s34 of the Electricity Regulation Act, 2006 (ERA), in consultation with NERSA and in accordance with a procedurally fair public participation process, to make a determination that new electricity generation capacity is required from nuclear power, and the percentage that is required;
• the failure by the Minister in terms of s34 of the Electricity Regulation Act, 2006 (ERA), read with s217 of the Constitution, in consultation with NERSA and in accordance with a procedurally fair public participation process, to require that the procurement of such nuclear new generation capacity must take place in terms of a specified procurement system that is fair, equitable, transparent, competitive and cost-effective;
• various decisions by the Minister and/or government to facilitate, organise, commence and/or proceed with the procurement of nuclear new generation capacity prior to making the necessary s34 nuclear determination and nuclear procurement system decision.