Minister of Power and Energy Kgosiensho Ramokgopa
MaSouth African Minister of Power and Energy Kgosiensho Ramokgopa has bowed to legal pressure and reversed a gazetted decision for South Africa to procure 2,500 megawatts of new nuclear generating capacity.
He announced the decision at a special press conference in Pretoria on Friday to revoke the decision on section 34 of the Electricity Regulatory Act that he approved in January, citing insufficient public participation.
The minister said the decision was made to maintain “the integrity of the nuclear procurement process, particularly given its checkered history.”
He noted that the government's previous efforts at procuring nuclear energy had been “shrouded in secrecy and there was an inherent lack of understanding of the procurement process,” which he said was enough to undermine the country's ability to “benefit from this clean, reliable and efficient source of energy.”
Ramokgopa's resignation came on the eve of a court case due to be heard in October brought by the South African Faith Community Environmental Institute (Safcei) and Earthlife Africa to review and set aside the minister's decision on the grounds that it was unlawful and unconstitutional because the process behind it was procedurally unfair.
“We are grateful that the minister has considered our argument for incomplete public participation on the implementation of the reservation conditions, because the public had to be heard,” said Makhoma Lekalakala, director of Earthlife Africa in Johannesburg. “Only once the Integrated Resource Plan 2023 has been gazetted can we consider what the energy mix should be.”
“The Minister of Energy's announcement that he has accepted our legal battle over the procurement of new nuclear power plants is truly a victory for democracy and the people of South Africa,” said Francesca de Gasparis, executive director of the South African Nuclear Power Corporation.
As a faith-based NGO, transparency and ethical decision-making in all energy planning “needs to be made by the government on our behalf,” she said. “To hear this from the minister is really good news.”
In September 2021, following an initial public consultation process earlier that year, the South African National Energy Regulator (Nersa) conditionally agreed to the draft nuclear decision signed in March 2020 by former Minister of Mineral Resources and Energy Gwede Mantashe.
The decision was subject to three conditions: these required the Minister of Energy to provide additional information showing that construction costs were affordable, that technological developments had been taken into account, and that 2,500 MW of new nuclear capacity was reasonable.
“The authorities have made every effort to ensure that these conditions are met and have prepared and submitted a report to Nersa answering the three suspensive conditions,” Ramokgopa noted.
“The committee assessed those submissions and reached a decision that they were satisfactory and based on that they decided, 'Now we have consent, we can go ahead'.”
During that period, a transition relating to the ministry responsible for Article 34 was made with the introduction of a Ministry of Power, “which meant that the responsibility for implementing that agreement fell on the Minister of Power,” he said, adding that he was happy with the process reached by his predecessor.
However, he noted that the legal process initiated by Earthlife Africa and Safsay was substantive.
“What these parties are arguing is that there was indeed a public participatory process. As a result of the public participatory process, Nersa issued the consent subject to the suspensive conditions being met,” Ramokgopa said.
“The parties allege that when the authorities returned with their report on how the suspensive conditions were to be met, rather than Nersa independently reviewing and giving its final consent, Nersa was obliged to subject the report on the suspensive conditions to a separate public participation process.
“I told my team that as minister I have a responsibility to ensure that this process that we are undertaking, including our response to the situation, is subject to the highest level of public scrutiny.”
Responding to this, Ramokgopa said it was appropriate to give the applicant and other interested parties an opportunity to assess, consider, critique and respond to the report on how it would meet the suspensive conditions.
“As minister, I agree with these applicants, and also with Earthlife Africa and Safsay. Nersa should have left the process to a process of public participation. The last thing we need is a major construction project that is built on the back of suspicions that the ministry and government are hiding something from the public.”
When asked why he did not consider the need for further public participation before gazetting the decision, Ramokgopa explained: “The issue of agreement is Nersa's domain. It has nothing to do with the ministry. Nersa is an independent body that regulates this area and the minister cannot interfere in that area.”
“It was only when the paperwork was submitted and the minister said he agreed to it that we found out and were warned that this process was not subject to a public participation process.”
He noted that the decision to pull out would mean “penalties to pay” and a delay in the procurement process of three to six months.
“We are happy to slow down the process so that people from all parts of the country who want to have a say in how this is procured can have the opportunity to make those suggestions.”
This, he stressed, is to protect the integrity of the process, solidify its transparency and “ensure that the public has confidence in the work we are doing.”
Nuclear power “is the future,” the minister concluded. “In addition to the nuclear power plant in Koeberg, nuclear generating capacity will be increased. What we really want to protect here is the integrity of the process, which is why we take one step back so that we can take two or even many steps forward.”
De Gasparis said that while the Minister continued to insist that South Africa needed new nuclear power plants, he also acknowledged that energy planning needed to be done in an effective way that allowed for public participation and took into account the cost of nuclear energy in the energy mix, including the IRP.
“We want the Minister to now introduce a comprehensive energy plan, which is part of the Energy Act, and seriously consider the true costs of nuclear energy. If the Minister keeps his promise we believe he will make the right decision about our energy future and ensure that nuclear energy is no longer in our hands,” she added.
