Two years after his appointment to the board of the National Nuclear Regulator (NNR), anti-nuclear activist Peter Becker has only been able to attend two board meetings.
The rest of the time he was suspended for alleged misconduct by mineral resources and energy minister Gwede Mantashe.
Now it turns out the “misconduct” was on the part of Mantashe — because Becker’s suspension was unlawful, according to a high court judge in Cape Town who has twice ruled in Becker’s favour.
Mantashe’s decision earned him a tongue-lashing from judge Babalwa Mantame earlier this year when the judge first pronounced on the matter after an application by Becker, the former spokesperson for civil society anti-nuclear energy group Koeberg Alert Alliance. Mantashe and the NNR sought leave to appeal Mantame’s decision but fared no better this time, with Mantame dismissing the application in a follow-up decision handed down on Friday.
Mantame said Mantashe and his co-respondents failed to produce evidence of Becker’s misconduct and she could not grant leave to appeal.
Becker on Monday said he hoped the decision would see him back in NNR board meetings. Despite the judge’s ruling earlier this year, he had yet to be notified of meetings and was effectively out in the cold despite being civil society’s only representative on the industry’s regulatory body.
Becker’s exclusion comes at a critical juncture in South Africa’s nuclear journey, with Eskom pushing for an extension of Koeberg nuclear power station's lifespan.
The Koeberg Alert Alliance is opposed to a Koeberg extension on the grounds that South Africa should instead invest in renewable energy.
Proponents of nuclear energy say South African cannot afford to lose Koeberg’s generating capacity post-2025 when its operating licence expires. But the anti-nuclear lobby argue government should use the intervening time to upscale renewable investment.
Commenting on Friday’s court ruling, Becker said he hoped to resume his NNR board duties.
“The role we have as board members must take precedence over anybody’s personal feelings,” he told TimesLIVE Premium. “We need to fulfil our responsibility and be big enough people to put everything behind us.
“It has been a year and a half where the role of the person representing the broader community [on nuclear safety matters] has been vacant. That is a deep concern, particularly because this is a time when there needs to be the greatest oversight over what is happening.
“While I am opposed to nuclear power for South Africa, it should be done as safely as possible,” he said.
Becker has 12 months left of his three-year board term.
It is unclear whether Mantashe or the department will petition the Supreme Court of Appeal on the ruling.
This article will be updated upon receiving the department’s response.
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