Cape Town - Axed National Nuclear Regulator (NNR) board member Peter Becker has won his bid in the Western Cape High Court to have Mineral Resources and Energy Minister Gwede Mantashe’s decision to dismiss him last February declared illegal.
Becker, an anti-nuclear activist and Koeberg Alert Alliance (KAA) spokesperson, was dismissed nine months after he was appointed as a public representative on the board.
On June 10, 2021, Mantashe appointed Becker as a non-executive director of the NNR Board to represent communities who may be affected by nuclear activities.
Becker’s appointment emanated from his nomination to this position by a number of civil society organisations, including the KAA, the Southern African Faith Communities Environmental Institute, and the Pelindaba Working Group.
Becker stated, at the time of his appointment, his position concerning nuclear safety at Koeberg was not hidden and was known to Mantashe.
Prior to his appointment, he delivered his curriculum vitae, which reflected his personal views on the desirability of nuclear activities, to the NNR.
The court heard Mantashe said the dismissal was, among other reasons, because of statements Becker made in an article published in the online magazine Energize on June 30, 2021, five days after his appointment.
In the article, Becker said: “It is disappointing to see money and time being spent on pursuing nuclear power for the Thyspunt site after the government had stated that there was no money to fund a new nuclear build.
“We should be worrying about the safety of the existing plant at Koeberg, especially as it approaches the end of its design lifetime. There are several issues that need to be addressed before the Koeberg plant can be considered safe by modern standards, and that will come with a significant cost.
“Much like an old car, there comes a time when it is just not worth repairing it to the point where it is as safe as a new car. It was unwise to spend money refurbishing the plant before finding out what would have to be done to obtain a licence to extend its life. We are probably going to have load shedding for the next two or three years.”
Becker did not dispute making the statements, but argued in court his statements bore no grounds to sustain a conclusion of misconduct.
He argued Mantashe’s decision was driven by various irregularities, bad faith and ulterior purposes which made it unconstitutional and invalid.
Mantashe and the NNR opposed Becker’s court application on the basis that Becker’s statements and actions were evidence he had allowed himself to be caught in a conflict of interest. This, they argued, constituted misconduct, thus justifying his being removed as a director.
Judge Babalwa Mantame said: “The decision of the minister taken on February 25, 2022, to discharge Becker with immediate effect is declared unlawful, unconstitutional and invalid.
“The reasons and decision of the minister to discharge Becker from his office as a director of the NNR Board is reviewed and set aside.”