Cape Town -Civil rights bodies and opposition parties have widely welcomed the Western Cape High Court decision that the government's nuclear cooperation agreements with the US, Russia and South Korea are unconstitutional and unlawful.
But what does the judgment mean, and how can the average South African interpret the findings?
The court ruling, said the Organisation Undoing Tax Abuse (OUTA), means that all current nuclear-related dealings – Requests for Information (RFIs) and Requests for Proposals (RFPs) - pertaining to new generation capacity are set aside. It also means that prospective tender contracts awarded based on Electricity Regulation Act 4 would be void and unenforceable.
So, if the government wants to pursue its nuclear ambitions, in terms of the court ruling the following would now be needed:
In addition, it is important to note that this judgment has a significant impact on Eskom’s recent application to Treasury for exemption from the Public Finance Management Act, in terms of its plans to fast-track the new nuclear build programme.