Now that the Western Cape High Court has overturned the ministerial determination to procure a new nuclear industry and averted a back-door deal with the Russians, through a detailed ruling delivered on March 26, the merits of nuclear power will have to be decided through the formal energy planning process. The court not only found that the secretive agreement with Russia should have been tabled for debate in Parliament, but also stipulated that the national regulator will have to hold public hearings to consider whether to consent to any new ministerial determination on nuclear procurement. The determination ruled unlawful had been mandated in terms of the IRP2010 — the Integrated Resource Plan formally promulgated in early 2011, following the most transparent energy planning process yet achieved in SA. The mandated plan for new generation, as a result of being "policy-adjusted", provides for a lot of nuclear power and remains the basis for electricity supply determinations until a...

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