Cape Town - Peter Becker has been successful in his bid to get his position back as non-executive director of the National Nuclear Regulator (NNR) after he was dismissed by Minister of Mineral Resources and Energy (DMRE), Gwede Mantashe for comments made in the media concerning nuclear safety, among others.
On June 10, 2021, the Minister appointed Becker as a non-executive director of the board. His appointment emanated from his nomination to this position by a number of civil society organisations including the Koeberg Alert Alliance (“the KAA”), the Southern African Faith Communities Environmental Institute, and the Pelindaba Working Group.
Becker was the spokesperson of the KAA before his appointment to the Board and remained as such after his appointment as a director of the Board.
Becker was suspended on January 18, 2022 and discharged on February 25. In giving his reasons for the decision, the minister cited comments in a news article; hosting a meeting with civil society organisations as their representative on the board; public engagement for the board without authorisation (delegated authority); and bringing the board and staff moral into disrepute, as reasons constituting misconduct.
However Judge Babalwa Mantame found: “The decision of the Minister taken on February 25 2022 to discharge Mr Becker with immediate effect is declared unlawful, unconstitutional and invalid in terms of Section 172(1) (a) of the Constitution.
The reasons and decision of the Minister to discharge Mr Becker from his office as a Director of the Board is reviewed and set aside.“
“Despite the reasons that were given by the Minister for discharging Mr Becker on 25 February 2022, he subsequently provided further reasons, inter alia that Mr Becker refused to recuse himself from decisions and discussions concerning the extension of Koeberg lifespan.
“It boggles one’s mind why Mr Becker’s input on the Board should be sanctioned, even before such discussions are tabled for discussion. Instead, the Board should have considered themselves fortunate to have a representative who represents communities affected by nuclear activities.
“(Becker’s) conduct and duties cannot be equated with the fiduciary duties of a director appointed in terms of the Companies Act. In the same token, the Minister’s decision is not policy related and is not an executive decision. As stated, some higher level of accountability is required.”
Becker said he was happy with the outcome.
“I am also conscious that I was only able to take this on because I was able to spend the time dissecting hundreds of pages of legal documents, was prepared to take on the very significant financial risk of losing, and was in the privileged position to fund part of the long legal battle. This was partly what convinced me that I had to challenge the decision.
“The court ruling means that I was never actually dismissed so I continue with my duties on the Board, which I am ready to do. Since the High Court has ruled that I am a Board member, as per the NNR Act I must now be invited to all meetings, as I was before this action by the Minister,” he said.
DMRE said: “The Department is studying the judgment and taking advice from its legal team.”
Cape Times