A victory for public participation and the Rule of Law

Dear Editor

The DA notes Minister Kgosientsho Ramokgopa’s announcement to withdraw the gazette for the Section 34 determination to procure 2,500 MW of nuclear energy. The Minister’s decision comes after concerns were raised regarding inadequate public participation during the National Energy Regulator of South Africa’s (NERSA) consideration of the determination. In particular, when NERSA reconsidered the matter after issuing suspensive conditions to its concurrence in August 2021, the public was not afforded an opportunity to make submissions on the response from the Department of Energy.

The DA had initiated legal action challenging the determination, with a court hearing scheduled for 15 October 2024. We view this withdrawal as a significant step in ensuring that public voices are considered in decisions of this magnitude. It represents an important win for the rule of law and the principles of transparency.

Despite this development, concerns remain:

• Ministerial Authority: We question whether the correct Minister was authorized to sign this determination. We trust this will be rectified when the determination is brought back to the table.
• Unmet Conditions: The conditions for suspending the initial requirements were not fulfilled. Notably, neither Eskom nor the Department of Mineral Resources and Energy provided conclusive evidence of demand or demonstrated that nuclear energy is the optimal solution. Additionally, there was no sufficient planning for energy needs beyond 2030.

The DA will continue to monitor this issue closely through our parliamentary oversight responsibilities. We will scrutinize the demand profile, one of the conditions that required proof that nuclear energy is necessary and appropriate to meet future demand. Furthermore, we will ensure that the requirement that any proposed nuclear procurement be done under an Engineering, Procurement and Construction (EPC) contract, as required by NERSA in its initial concurrence determination.

We remain committed to ensuring that any future energy decisions, including those related to nuclear power, prioritise the needs and livelihoods of South Africans. The government must follow due process and act in the best interests of the people.

The DA’s persistence in pursuing legal action and highlighting these concerns played a crucial role in achieving this outcome. This is a victory for accountability, and we will continue to ensure that government decisions are guided by transparency, legality, and public participation.

Regards

Kevin Mileham MP
DA Spokesperson on Electricity and Energy