Mineral resources and energy minister Gwede Mantashe made an “irrational” and unconstitutional decision to axe an anti-nuclear activist from the board of the National Nuclear Regulator (NNR).
Mantashe, who is in the spotlight as South Africa's energy crisis drags on, had no valid justification for suspending Peter Becker, according to a judgment handed down on Thursday by judge Babalwa Mantame in the Western Cape High Court.
As a result, Becker will resume his oversight duties on the board — unless there is an appeal.
In the strongly-worded judgment, Mantame was critical of Mantashe’s stated reasons for suspending Becker — that he was anti-nuclear energy and therefore could not fairly execute his duties at the NNR.
Becker, long-time spokesperson of the Koeberg Alert Alliance, was appointed to the board in 2021 as a representative of civil society on behalf of communities affected by nuclear power generation.
Mantame said Becker’s stance on nuclear energy was well known before his appointment and by seeking to sanction him Mantashe was doing public oversight a disservice.
“Despite the reasons given by the minister for discharging Mr Becker on February 25 2022, he subsequently provided further reasons, inter alia that Mr Becker refused to recuse himself from decisions and discussions concerning the extension of Koeberg's [power station] lifespan. It boggles one’s mind why Mr Becker’s input on the board should be sanctioned even before such discussions are tabled for discussion,” said Mantame.
“Much to this court’s dismay, in a board consisting of 12 members it is not clear how Mr Becker’s only opinion could have swayed all other members to his direction, unless his reasons are valid. Also, the allegations that his public views concerning desirability of nuclear energy are said to be ‘contagion’ that would ‘infect’ the board’s decision is fanciful. Having Mr Becker on the board should have enhanced the board and brought fresh and robust ideas to the table for discussion.”
Mantame said it was not the board’s role to pronounce on the relative merits of nuclear energy but rather to ensure safety and conformity with legislation. “The board may not formulate government policy regarding the desirability or not of nuclear power.”
She said it appeared Mantashe’s decision to suspend Becker was predetermined and not based on legal advice he received in 2021. “In so doing, the minister acted in bad faith and with ulterior motives.”
Welcoming the judgment, Becker said he launched his legal challenge because he believed Mantashe “did not understand the law correctly when it comes to the NNR”. “It was in the public interest to get clarity from the courts,” he added.
“Also the NNR Act requires one board member to be there representing the communities. Once I was suspended that role was not being fulfilled.
“Eskom has recently applied to the NNR to extend the lifetime of the Koeberg nuclear power station which means this is a critical time for community representation on the board as is envisaged by the act,” Becker said.
The department of minerals and energy said it was "studying the judgment and taking advice" from its legal team.
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Anti-nuclear activist unfairly targeted
Judge questions Mantashe's motive for axing nuclear regulator board member
Image: Jeffrey Abrahams/Gallo Images
Mineral resources and energy minister Gwede Mantashe made an “irrational” and unconstitutional decision to axe an anti-nuclear activist from the board of the National Nuclear Regulator (NNR).
Mantashe, who is in the spotlight as South Africa's energy crisis drags on, had no valid justification for suspending Peter Becker, according to a judgment handed down on Thursday by judge Babalwa Mantame in the Western Cape High Court.
As a result, Becker will resume his oversight duties on the board — unless there is an appeal.
In the strongly-worded judgment, Mantame was critical of Mantashe’s stated reasons for suspending Becker — that he was anti-nuclear energy and therefore could not fairly execute his duties at the NNR.
Becker, long-time spokesperson of the Koeberg Alert Alliance, was appointed to the board in 2021 as a representative of civil society on behalf of communities affected by nuclear power generation.
Mantame said Becker’s stance on nuclear energy was well known before his appointment and by seeking to sanction him Mantashe was doing public oversight a disservice.
“Despite the reasons given by the minister for discharging Mr Becker on February 25 2022, he subsequently provided further reasons, inter alia that Mr Becker refused to recuse himself from decisions and discussions concerning the extension of Koeberg's [power station] lifespan. It boggles one’s mind why Mr Becker’s input on the board should be sanctioned even before such discussions are tabled for discussion,” said Mantame.
“Much to this court’s dismay, in a board consisting of 12 members it is not clear how Mr Becker’s only opinion could have swayed all other members to his direction, unless his reasons are valid. Also, the allegations that his public views concerning desirability of nuclear energy are said to be ‘contagion’ that would ‘infect’ the board’s decision is fanciful. Having Mr Becker on the board should have enhanced the board and brought fresh and robust ideas to the table for discussion.”
Mantame said it was not the board’s role to pronounce on the relative merits of nuclear energy but rather to ensure safety and conformity with legislation. “The board may not formulate government policy regarding the desirability or not of nuclear power.”
She said it appeared Mantashe’s decision to suspend Becker was predetermined and not based on legal advice he received in 2021. “In so doing, the minister acted in bad faith and with ulterior motives.”
Welcoming the judgment, Becker said he launched his legal challenge because he believed Mantashe “did not understand the law correctly when it comes to the NNR”. “It was in the public interest to get clarity from the courts,” he added.
“Also the NNR Act requires one board member to be there representing the communities. Once I was suspended that role was not being fulfilled.
“Eskom has recently applied to the NNR to extend the lifetime of the Koeberg nuclear power station which means this is a critical time for community representation on the board as is envisaged by the act,” Becker said.
The department of minerals and energy said it was "studying the judgment and taking advice" from its legal team.
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