“In accepting the ruling of the court, and ensuring that no impropriety is suggested in the future, the department seeks to apply standardisation in both form and processing (relating to proper tabling before parliament and its committees), of all Intergovernmental Agreements to be concluded with international countries,” Kubayi said.
“It is important to note that there is no intention to table the current agreements but will embark to sign new agreements with all the five countries and table them within reasonable time to parliament for consideration,” she added. Government will not appeal the Western Cape High Court’s decision on proceeding with nuclear energy in South Africa. “I have decided that I will not be appealing the decision of the Western Cape High Court on this matter,” energy minister Mmamoloko Kubayi told media this weekend. However, she did not state a reason as to why she would not appeal the judgement. Last month, two judges ruled that the tabling of Intergovernmental Agreements (IGA) with Russia, the United States and South Korea were unconstitutional and unlawful, and that they be set aside. They also ruled that the decision to task Eskom with procurement for the proposed nuclear programme was unlawful, unconstitutional, and that it also be set aside. This fell under section 34 determinations. The case was brought against the energy department by Earthlife and the South African Faith Communities’ Environment Institute (SAFCEI). Following this ruling, Kubayi said she instructed her department to review the processing of all future section 34 determinations and review all determinations currently in place to ensure compliance with the judgment.