DA welcomes withdrawal of Nuclear Procurement Gazette: A victory for public participation and the Rule of Law
16 August 2024
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.