Earthlife Africa on Wednesday won a victory in the Western Cape High Court on the country's nuclear deal.
The Western Cape High Court essentially found SA’s nuclear co-operation deals with various countries, including Russia, are unlawful.
It says SA’s bid to add another 9.6MW of power – equivalent to ten nuclear stations – was not constitutional.
It also notes that Parliament has to approve any nuclear deal, and the Department of Energy has to determine SA’s nuclear needs.
The ruling nullifies co-operation agreements SA has with the US, Russia and South Korea.
Under those agreements, potential nuclear vendors in those countries – such as Westinghouse in the US and Russian state-owned Rosatom – would assist to develop SA’s nuclear ambitions.
Rosatom is seen as a strong contender to secure a contract to build new nuclear reactors in South Africa.
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The contested nuclear build programme, which will be driven by Eskom, aims to add 9 600 megawatts of nuclear power to the national energy grid, though critics say the country does not need and cannot afford more nuclear reactors.
Eskom is expected to issue a request for binding proposals from potential vendors by the end of June.