Nuclear deal with Russia 'unlawful', high court rules

The Western Cape High Court has found government's alleged R1-trillion proposed nuclear deal with Russia to be unlawful‚ according to social justice organisations who hailed the court verdict as a victory.

Earthlife Africa Johannesburg and the Southern African Faith Communities’ Environment Institute took the Department of Energy to court for procuring this arrangement under a veil of secrecy. The deal had allegedly been signed off by former Energy Minister Tina Joemat-Pettersson.

Judge Lee Bozalek said any request for proposal or request for information to kickstart the procurement process was set aside as well as a deal to cooperate with Russia on the plan.

"The minister's decision on or about 10 June 2015 to table the Russian IGA [Intergovernmental Agreement] before parliament... is unconstitutional and unlawful and it is reviewed and set aside," he said.

South Africa, which has the continent's only nuclear power station, has asked power utility Eskom to procure an additional 9,600MW of new capacity as it diversifies its energy mix away from ageing coal-fired plants.

Eskom spokesperson Khulu Phasiwe said they were studying the judgment.

Last week, Business Day reported that the power utility would ask Treasury for waivers and exemptions from procurement regulations.

This came on the back of Nuclear Energy Corporation of SA (Necsa) CEO Phumzile Tshelane saying a request for proposals to build reactors could go out as early as June 

Additional reporting by Reuters