Nuclear activist takes legal action against energy minister after being discharged

Peter Becker has filed an application in the high court seeking to declare Energy Minister Gwede Mantashe’s decision to discharge him, “unlawful and unconstitutional”. Picture: Supplied

Peter Becker has filed an application in the high court seeking to declare Energy Minister Gwede Mantashe’s decision to discharge him, “unlawful and unconstitutional”. Picture: Supplied

Published Apr 22, 2022

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Cape Town - Koeberg Alert Alliance (KAA) activist Peter Becker has taken legal action against Energy Minister Gwede Mantashe following his discharge from the National Nuclear Regulator (NNR) board in February this year.

Becker was last year appointed as a director of the NNR to represent communities who might be affected by nuclear activities but has since been relieved of his position.

Becker approached the high court last week for a review of the minister’s decision. Becker was alleged to have been guilty of misconduct and conflicting interests.

In Becker’s notice of discharge, the minister said: “The conflict of interest that exists is material and fundamental as it is impossible for you to avoid or manage the actual conflict as well as the appearance of conflict.

“Your continued involvement, when you are unable to bring an independent mind to bear on decisions in relation to the safe operation and/ or extension of Koeberg, because you have already indicated your position, amounts to misconduct, in my view,” the minister said.

Becker now wants the minister’s decision to be declared “unlawful and unconstitutional”. The application was brought against the minister, the NNR and the chairperson of the NNR Board of directors.

Becker said: “The minister’s criticism of my anti-nuclear views, and the manner in which he approached his decision-making, gives rise to an inference that I was removed from the Board with an ulterior motive and in bad faith to remove a critical and challenging voice from the Board.”

One of the issues cited in his application was a meeting Becker held with civil society. In the application, Becker clarifies that he did not meet with civil society in his capacity as a Board member, but as their representative on the Board.

The minister has confirmed he will oppose the application and is expected respond by providing a record of the decision to discharge Becker, which includes the documents and evidence before the minister relating to his decision.

Cape Argus