Electricity and Energy Minister Dr. Kgosientsho Ramokgopa has officially withdrawn a Ministerial determination to procure 2,500 MW of new nuclear capacity, citing insufficient public consultation as the primary reason. The determination, which was legally challenged, has been revoked after it was found that the regulator had failed to adequately engage the public before concurring with the plan.

This withdrawal precedes a scheduled court case brought by the Southern African Faith Communities’ Environment Institute (SAFCEI) and Earthlife Africa Johannesburg. The case, set to be heard on October 15 and 16, challenged the legality of the gazetted Section 34 determination signed by Ramokgopa. The environmental groups argued that the determination was unconstitutional, pointing to several procedural flaws, including the National Energy Regulator of South Africa’s (Nersa) failure to consult the public before giving its concurrence.

In 2023, Nersa had given conditional approval for the determination, pending the fulfillment of several conditions. These included confirming the necessity of the nuclear addition through demand and generation analysis, and ensuring that procurement would follow engineering, procurement, and construction contract principles. Following a report from the then Department of Mineral Resources and Energy (DMRE) asserting that these conditions were met, Nersa provided full concurrence, leading to the determination’s gazetting by Ramokgopa.

However, SAFCEI and Earthlife Africa Johannesburg objected, claiming that Nersa did not fulfill its obligation to consult the public on the DMRE’s report, rendering its concurrence illegal. They also argued that the determination was based on the outdated Integrated Resource Plan (IRP 2019), which was in the process of being updated and did not include new nuclear capacity for the 2030 planning horizon.

In announcing the withdrawal, Minister Ramokgopa acknowledged that any future determination must align with an updated IRP. He assured that his ministry, which is currently being unbundled from the DMRE, is prioritizing the IRP update. Ramokgopa also promised renewed consultation with stakeholders who provided significant input on the draft IRP 2023 and mentioned the formation of an expert body to assess the role of new nuclear power in the country’s future energy mix.

Despite the withdrawal, Ramokgopa emphasized that the government remains committed to procuring new nuclear capacity, but at a pace and scale that the country can afford. SAFCEI and Earthlife Africa Johannesburg welcomed the Minister’s decision, describing it as a victory for transparency and public participation in government decision-making.