'The agreement with Russia, called the Strategic Partnership on Nuclear Power and Industry, is at the crux of concerns about the nuclear deal' In October 2015, Earthlife and SAFCEI filed their application in the Western Cape High Court. They are challenging the constitutionality of government agreements for procuring nuclear reactors.Earthlife and SAFCEI want the court to declare invalid a decision made by the Minister of Energy that South Africa use nuclear power to develop an additional 9,600 MW of nuclear power (five times more nuclear energy than Koeberg is capable of producing).The minister made this decision, or determination in legal-speak, in terms of the Electricity Regulation Act (ERA). The ERA provides for her to make these determinations so that we can plan for the country’s future electricity supply.Technical interlude - ignoring policyAccording to the ERA these determinations must be made following an independent study dealing with future demand, costs and other issue...

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