The High Court has ruled against Minister of Mineral Resources and Energy Gwede Mantashe and the National Nuclear Regulator (NNR) in a groundbreaking decision. The court deemed Mantashe's decision regarding nuclear energy regulation to be unlawful, unconstitutional, and invalid. This ruling, following a legal challenge, highlights the court's role in upholding constitutional principles and ensuring that executive actions are in compliance with the law.
Judge Martha Ndlovu, who delivered the judgment, emphasized the importance of following constitutional mandates and transparent decision-making processes. She criticized the minister for procedural flaws, lack of public consultation, and failure to adhere to statutory requirements. The court's decision has significant implications for the energy sector and regulatory practices, raising concerns about the approval of critical projects and policies by the NNR and the ministry.
Environmental groups and civil society organizations, long opposed to Mantashe's decision, welcomed the court's ruling as a victory for environmental justice and accountability. Thandi Mbeki, spokesperson for Earth Guardians, commended the ruling as a win for transparent and lawful decision-making affecting the public and the environment.
In addition to invalidating the decision, the court ordered Mantashe and the NNR to cover the legal costs incurred by the applicants, signaling disapproval of their conduct. The ruling is expected to prompt a review of regulatory practices within the energy sector and serves as a reminder of the importance of governmental accountability and adherence to democratic principles.
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