In a urgent letter to Mineral Resources and Energy Minister Gwede Mantashe, environmental justice organisations Earthlife Africa-Johannesburg (Earthlife) and the Southern African Faith Communities’ Environment Institute (Safcei) caution Mantashe and the DMRE that no new nuclear programme can go ahead, unless the proper procedures are adhered to.

This follows recent announcements by the Department of Mineral Resources and Energy (DMRE) that it will start with the procurement process for a 2 500 MW new nuclear power programme, according to Earthlife and Safcei.

The organisations add that, according to media reports, a request for information (RFI) will soon be issued by the DMRE in this regard.

According to Earthlife and Safcei’s attorney Adrian Pole, not only would this be in clear breach of the judgment handed down by the Western Cape High Court on April 26, 2017 halting former President Jacob Zuma’s nuclear deal, but it would also contradict a sworn undertaking from then Energy Minister David Mahlobo, in November 2017, promising to follow due process for any nuclear power procurement.

Pole says the effect of the nuclear deal judgment is that no new nuclear procurement can commence until such time as the Energy Minister, with the concurrence with the National Energy Regulator of South Africa, makes a lawful determination under Section 34 of the Electricity Regulation Act that new nuclear generation capacity is required and should be procured. 

“The judgment also reinforced that the Section 34 decision-making process must be procedurally fair, and that this would require meaningful public participation prior to such a decision being made.”

He adds that since no Section 34 determination has been gazetted relating to 2 500 MW of new electricity generating capacity to be derived from nuclear sources, and no public participation process has yet been conducted, Mantashe and the DMRE will be acting in constructive contempt of the judgment if they immediately proceed with the procurement process.

In November 2017, Safcei and Earthlife returned to court on an urgent basis. At the time, media reports indicated that the Integrated Resource Plan (IRP) was to be fast-tracked and Zuma’s nuclear fleet procurement was to commence immediately thereafter.

Further, Pole says that in court papers filed on behalf of Mahlobo, he confirmed under oath that he appreciated that his failure to comply with the judgment would be unlawful and would result in contempt of court proceedings being instituted against him. “[Mahlobo] also undertook to act in accordance with the judgment, to take no steps, including the issuing of an RFI, in the absence of a lawful Section 34 nuclear determination.”

In the view of Pole, Earthlife and Safcei, Mantashe is also bound by this undertaking.

PLAYING DOWN NUCLEAR
Earthlife and Safcei question the desirability of, and need for, any new nuclear power programme.

The organisations encourage Mantashe and the DMRE to rather focus on renewable energy options, which they believe are better suited to sustainably meeting South Africa’s energy needs in a post-Covid-19 South Africa, while also addressing the climate emergency.

They point out that the Chernobyl and Fukushima nuclear disasters, “which still remain problematic today”, remind the world of the “significant dangers” of nuclear power. “When we factor in the costs of nuclear fuel, construction, radioactive waste management and end-of-life decommissioning, nuclear power stations ultimately end-up producing very expensive electricity,” says Earthlife director Makoma Lekalakala.

She says that rather than burdening current and future generations of South Africans with higher electricity costs and inter-generational nuclear cost burdens, the DMRE should be focussing on encouraging more investment in agile renewable energy sources.

“This approach could also greatly benefit previously disadvantaged communities, if government would promote a greater share in the ownership of and the benefits derived from this market.”

Safcei executive director Francesca de Gasparis points out that the Covid-19 pandemic has had a significant negative impact on South Africa’s economy, and as a result, electricity demand has plunged by roughly one-third.

“Even if projected electricity demand post-Covid-19 requires investment in new generation capacity in the short- and medium-term, nuclear energy cannot meet this need given the long lead-in time (often a decade or longer, assuming no delays).”

She encourages the DMRE to rather focus on creating an enabling environment for more renewable sources that can deliver affordable energy in the short and medium terms, while also helping to ensure a just energy transition.

Safcei and Earthlife are calling on Mantashe to confirm that he will, besides other commitments, comply with the April 2017 nuclear judgement and honour Mahlobo’s November 2017 undertaking. Both reserved their rights, including the right to approach the courts for urgent interdictory relief should this become necessary.