HIGH COURT KICKS ZUMA , ESKOM & Co IN THE NUTS ABOUT THE SHREWD NUCLEAR DEAL

 

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Article compiled  by: White Nation  correspondent Durban – April 27  2017

 

 

 

SOUTH AFRICA– FAILED LAND OF COMMUNIST ANC ORGANIZED CRIME ,LIBFARTS, UNION CHAOS , MISDIRECTED RAINBOW MONKEYS – AND WHITE GENOCIDE

 

JUDGE Lee Bozalek on Wednesday set aside with costs government’s nuclear agreements signed with vendor countries, and declared them unlawful and unconstitutional.

The court case was first launched in October 2015, with Earthlife Africa Johannesburg and the Southern African Faith Communities’ Environment Institute (Saifcei) challenging the government’s decision to buy 9.6 GW of nuclear power without debating it first in Parliament, thus flouting democratic processes.The two organisations said in a joint statement issued on Tuesday that if the court bid is successful, it will put “serious roadblocks” in the way of the government and Eskom’s nuclear procurement process.

Fin24 earlier reported that the applicants argued in court papers that the government cannot afford the mooted R1trn nuclear price tag, and that it acted in secret when it signed an agreement with Russia as part of the procurement plans for a nuclear build program.Earthlife and Safcei further argue that the Department of Energy acted unlawfully when it decided in December 2016 to move the procurement of nuclear energy to Eskom, as former energy minister Tina Joemat-Pettersson had not followed any public participation or consultative process before making the decision.

Joemat-Pettersson in a responding affidavit said she was not aware of any rule or court order that would prevent her from handing over the procurement process to Eskom. Government’s lawyer Marius Oosthuizen SC said in counter arguments that the deal signed with Russia is not tantamount to a commercial agreement, but was only an agreement to work together. He pointed out that an international agreement between two countries is not required to be debated in Parliament, as it is not a constitutional requirement.

Oosthuizen also argued that the government is within its rights to come up with policies such as nuclear energy as part of South Africa’s energy mix, and that it should not be preceded by a debate in Parliament. He further questioned why “everybody” is “picking” on government’s agreement with Russia to when similar agreements had been signed with France and China. The procurement of nuclear energy is the subject of fierce debate in the country. A number of energy experts argue that it is superfluous, as energy demand is lower than previously projected and nuclear energy would be too expensive.

The government, on the other hand, including power utility Eskom, maintains that South Africa needs nuclear energy as a form of base load power as coal-fired power stations are being phased out. Finance Minister Malusi Gigaba repeated Jacob Zuma’s earlier statement that nuclear energy would only be procured at a pace and scale the government can afford. The affordability issue however was also raised by Fitch, which became the second rating agency to downgrade South Africa’s sovereign credit rating.

In its statement issued on April 7, explaining the decision to cut South Africa’s rating to junk status, Fitch said under new Minister of Energy Nkhensani Kubayi the program is likely to move “relatively quickly”. It further noted that under the finance ministry of Nhlanhla Nene, who was removed on December 9 2015, National Treasury said Eskom could not absorb the nuclear program with its approved guarantees at the time. A nuclear build program would increase contingent liabilities, Fitch said, which are already “sizeable”.

Although the applicants sought a cost order against both  Jacob Zuma and the energy minister, in the current circumstances any cost order should be against the minister alone, according to the ruling. Bozalek’s judgment effectively declared all government’s efforts to procure nuclear energy null and void. In addition to declaring South Africa’s agreements with Russia, the US and South Korea unlawful and unconstitutional, he also ruled that government’s 2013 and 2016 determinations to procure nuclear energy will be set aside.

The judgment also determines that the request for proposals and information to start procuring nuclear energy were unlawful, unconstitutional and therefore set aside. “[The] 2013 and 2016 section 34 determinations fall to be set aside and … ” the Minister must, so to speak, start with a clean slate,” the ruling said.(Link)

BUT that was not the only whammer Zuma , the GuptasEskom and their devious cleptocrats recieved. The National Treasury has prevented Eskom from extending two contracts. The correct procedures were apparently not followed. If the contracts had been granted the Gupta-controlled company and Jacob Zuma’s son Duduzane Zuma would have been more than R4 billion richer. Meanwhile, it has become known that Tegeta’s substandard coal provided to Majuba power station, is considered to be “scrap” coal. Eskom spokesperson Khulu Phasiwe said there was a fuss because the Guptas were linked to the contracts, but if it had been another company, there would not have been any fuss. It also appears that Tegeta is paid “in advance” for coal that is yet to be delivered. This is also considered “normal” said Khulu and it is not considered a loan. (Link)

 

BUT- AS WE KNOW GREEDY ZUMA BY NOW- HIM AND HIS CRONIES CARES LESS  ABOUT STUPID LITTLE THINGS LIKE COURT RULINGS, PUBLIC OUTCRIES, ETC- AND QUICKLY WILL FIND A WAY TO PUMP THAT NUCLEAR DEAL THROUGH ONE WAY OR THE OTHER- COME HELL OR HIGH WATER!

SOURCE: White Nation

 

 

 

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