Joemat-Pettersson ignored state legal advisor to push through nuke deal
30 March 2016
The revelations contained in a supplementary founding affidavit filed today by Earthlife Africa (ELA) and the Southern African Faith Communities’ Environment Institute (SAFCEI), in their court challenge against the Government’s proposed nuclear deal, make a mockery of Ministerial assurances on transparency and provide a firm basis for delaying the commencement of nuclear procurement process set to start in earnest in April.
I will thus request that Minister of Energy, Tina Joemat-Pettersson, immediately halt the procurement process until a court ruling and determination are made as to the legality thereof.
According to records provided to ELA and SAFCEI, the Minister of Energy, Tina Joemat-Pettersson, deliberately incorrectly tabled the infamous Russian Intergovernmental Framework Agreement (IGA) under section 231(3) of the Constitution to avoid having to get Parliamentary approval for it.
The IGA being tabled under section 231(3) “binds the Republic without approval by the National Assembly and the National Council of Provinces.” The Minister used this provision to table the IGA as a fait accompli entered into by Zuma’s Executive thereby sidestepping the interrogation thereof by Parliament.
Importantly, this was despite the state legal advisor advising her that it should be tabled under section 231(2) and did in fact require approval from Parliament.
The DA previously raised this point in the Portfolio Committee on Energy, when it voiced its concerns as to the legality of the tabling of the IGAs under section 231(3). The DA maintained that this tabling was incorrect and indicated that this view was widely held and would lead to litigation by interested and affected parties.
Despite our protestations, the Committee was assured that Parliament's legal advisors had reviewed the matter and were happy to proceed with the tabling. This view now appears to be have been at odds with the State’s own legal advisors who essentially supported the DA’s view.
I will therefore also write to the Committee Chairperson, Fikile Majola, requesting a copy of the legal opinion on which the decision to proceed with the section 231(3) tabling was based.
We cannot allow the ANC government to push through an ill-advised and unaffordable nuclear deal without following due process.
The DA has continuously called for procurement processes to be halted until all available documentation, including costing models, IAEA assessments & legal opinions, be made available to Parliament for scrutiny.
That the chickens have come home to roost is a clear indication that the Zuma administration is hell-bent on approving a nuclear deal that is legally flawed and financially unaffordable.
Issued by Gordon Mackay, Shadow Minister Energy, DA, 30 March 2016
