Striking down of nuclear deal welcomed
26 April 2017
The Centre for Constitutional Rights (CFCR) welcomes the decision by the Western Cape High Court, handed down today, which sets aside South Africa’s nuclear agreement with Russia. The successful challenge to the agreement was launched by civic organisations, EarthLife Africa (ELA) and the Southern African Faith Communities’ Environment Institute (SAFCEI), on the basis that the agreement was unlawful and unconstitutional.
The secret nuclear deal would have reportedly cost the nation R1-trillion and the South African public would be none the wiser - but for the diligence of investigative journalists and the non-governmental organisations who approached the courts.
Apart from the exorbitant costs of the deal, which South African taxpayers would have to bear, the deal transgressed the Constitution’s demands that procurement of goods or services must be fair, equitable, transparent and cost-effective. Binding for a minimum of 20 years, the deal would have practically granted South Africa’s decision-making powers on the nuclear industry, over to Russia.
The decision is important in emphasising various constitutional principles which underpin the nation’s democracy. It affirms the Rule of Law in making apparent, yet again, that the exercise of public power must be done rationally. It is irrational for the government to tie South Africa into a deal its coffers cannot afford and more so, on highly unfavourable terms. It is even more irrational for South Africa to cede its energy plans and policies to a foreign government, regardless of the good historical relations that South Africa may enjoy with that foreign government.