SAFCEI and Earthlife Africa Johannesburg’s court papers and press releases on the nuclear court case that ran from October 2015 to February 2017 and in which the government was challenged on the nuclear procurement process.
Court papers
Court Judgement 26 April 2017 Earthlife Africa Jhb & SAFCEI v Minister of Energy
Earthlife & SAFCEI Oral Note for Argument 22 Feb final
ELA & SAFCEI – DoE Resp Supplementary Heads of Argument 7 Feb 17
ELA & SAFCEI – DoE Resp Heads of Argument 2 Dec 2016
Order-Granted-13-December-2016
18-11-2016-ELA-SAFCEI-MoE-Applicants-Heads
Earthlife-et-al-v-MoE-et-al-pleadings
ELA-SAFCEI-final-replying-affidavit
Earthlife & SAFCEI-v-Dept-Energy_answering-affidavit
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
ELA-SAFCEI amended notice of motion
Read the Nuclear draft notice of motion here
Read the Nuclear founding affidavit here
Press releases:
26 April 2017: Nuclear deal blocked! Judgement made on the South African government’s secret trillion rand nuclear deal court case
25 April 2017: Secret Trillion-Rand Nuclear Deal Case Judgement to be Delivered on 26th April 2017
31 March 2017: D-day for public comment on the Government’s proposed Electricity Plan amidst Cabinet reshuffle chaos
29 March 2017: Have your say on the State’s electricity plan – 3 days to deadline
22 March 2017: Human Rights Day 2017 – reflection on our humanity
22 February 2017: Save the budget (and country), Minister Gordhan. Say ‘NO’ to nuclear
10 January 2017: Energy minister still taking secret actions on Nuclear Energy
13 December 2016: Nuclear case postponed to February 2017 – Government ordered to pay punitive costs
9 December 2016: Are SA’s Energy Plans a Threat to Citizen’s Human Right’s?
1 December 2016: Our ‘People’s Statement’ aims to give a voice to the people of SA
23 November 2016: Public participation is crucial to progressing SA’s energy plans – SAFCEI
16 November 2016: Parliament going backwards into the dark ages
14 November 2016: Those without integrity must be held accountable
11 October 2016: Faith Community responds to the Nuclear Build Briefing
8 October 2016: Let the courts decide
22 September 2016: Nuclear court date set
16 September 2016: “See you in court” Civil society steps closer to court room – nuclear court action replying affidavit finalised
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 court date has been set for 13 & 14 December 2016.
For further information, contact Liz McDaid ( +27 827315643 / liziwe@mweb.co.za) or Dominique Doyle (+27 79 331 2028 / dominique@earthlife.org.za)
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.
