Koeberg Alert Alliance (KAA) activist Peter Becker has filed an application in the Cape Town High Court to declare Mineral Resources and Energy Minister Gwede Mantashe’s decision to dismiss the applicant from his office as director of the National Nuclear Regulator (NNR) unlawful and invalid.

Mantashe in January suspended Becker from the NNR board over allegations of misconduct and conflict of interest, before making a final decision on February 25 to dismiss him from the position.

Becker’s dismissal comes at a time when the NNR is finalising plans for replacing steam generators at the ageing 1.8 GW Koeberg nuclear power station.

The R20-billion refurbishment of the plant is a requirement by the NNR if Eskom is to renew Koeberg’s operating licence.

Activists, such as Becker, have been discussing and helping to decide on technical aspects of the work being done at the power station. He had, however, been denied access to the agenda and document packs, as well as invites, for these meetings since shortly before his suspension. 

The KAA had queried the costs involved with the Koeberg refurbishment and required of Eskom to reveal the scope of work being planned before it goes ahead.

The organisation is an informal group of just over 1 000 individuals who are concerned about the safety and continued use of nuclear power in South Africa, and called for a review of such use.

In turn, the NNR has to ensure that nuclear activities are conducted safely and in the interest of the public. Becker was appointed to the board in June 2021 to represent communities which may be affected by nuclear activities.

Mantashe reportedly said he had concerns about Becker’s anti-nuclear stance and deemed it a conflict of interest with his duties to the NNR board.

Becker, however, questions why pro-nuclear bias on the board was not equally problematic and why nuclear energy proponents have not been removed from the NNR board.   

He maintains that he was removed with an ulterior motive and in bad faith, as he did not act inconsistently with his duties as director on the NNR board, and that his personal views on the matter were well-known before his appointment to the board.

Additionally, he assures that, when meeting civil society organisations on Koeberg matters, he did so in his capacity as spokesperson for the KAA and had been quoted as such, not causing disruption by making internal queries around the conduct and decision-making of the NNR, or ignoring any fiduciary duties.

Mantashe cited in his declaration of the dismissal decision that Becker would be unable to make on objective decision, when presented with scientific evidence in respect of the extension of the life of Koeberg and that any decision made by Becker would be prejudiced.

The Minister believed a conflict of interest arose from Becker’s personal affiliations and associations – as per Becker’s legal application to the High Court.

Becker retorts that the purpose of the NNR is to ensure that nuclear activities are undertaken in a safe manner, not to determine whether nuclear activities are desirable.

“If there are to be nuclear activities, it is essential that they be safe. My view on the desirability of nuclear activities generally do not disable me from exercising a proper judgment on the safety of particular proposed nuclear activities, or on conditions which should be imposed to ensure that such activity is safe,” he argues.