Peter Becker, sacked from the National Nuclear Regulator Board, won’t go down without a fight

Recently subpoenaed to provide a “record of proceedings” — the documents, evidence, arguments and other information relating to the dismissal of community representative Peter Becker from the board of the National Nuclear Regulator (NNR) in February this year — the Minister of Minerals and Energy, Gwede Mantashe, has thrown the book right back. 

https://www.dailymaverick.co.za/article/2022-04-19-fired-national-nuclear-regulator-board-member-takes-minister-gwede-mantashe-to-court/

Up to 30 documents have been submitted to the attorneys concerned, including emails and minutes of NNR board meetings, which until now have not been disclosed — not even to Outa, which attempted to access them via a Promotion of Access to Information Act submission.

Becker, a known anti-nuclear activist and member of the Koeberg Alert Alliance, was appointed to the board of the National Nuclear Regulator last June as its community representative and was thereby duty-bound to serve the interests of communities that may be affected by nuclear activities. 

By February 2022, he had been fired for “misconduct”.

The board, it appears, could not tolerate Becker’s persistent questioning, requests for information and concerns about the licensing of Koeberg’s Long-Term Operation, coupled with his outspoken anti-nuclear stance. 

Within weeks of Becker having joined the board, NNR chairperson Dr Thapelo Motshudi commissioned a legal opinion “to establish whether Mr Becker is conflicted or not, and if he is conflicted, propose measures in which such conflict may be managed”.

Armed with the legal opinion, Motshudi wrote to Minister Gwede Mantashe in October explaining his concerns and requesting that he “act”. 

“Mr Becker has inundated the NNR management with requests for NNR documents and information outside of the normal board process,” he wrote. “Mr Becker also wrote emails directly to me in my capacity as chairperson of the board requesting information.

“In addition, Mr Becker’s conduct has led to several complaints from the NNR management, some members of the board and also Eskom, the holder of a nuclear authorisation licence for the Koeberg Nuclear Power Station.” 

https://www.dailymaverick.co.za/article/2022-05-18-nathi-mthethwas-final-monumental-red-flag/

The coup de grâce, however, was the legal opinion — known as the MacRobert opinion. This found that “Becker’s conduct is not protecting or promoting the business interests of the NNR and preserving the NNR’s reputation or goodwill”.

Further, the opinion stated, his role as the spokesperson of the Koeberg Alert Alliance and the statements he made therein conflicted with his role as a board member of the NNR. 

“In light of this conclusion, the NNR was advised to inform the Minister of the conduct of Mr Becker and request the Minister to act on it since the Minister is the competent authority that is responsible for appointment and removal of NNR board members.” 

What transpired thereafter is detailed in the “decision memorandum” written by the director-general of the Department of Mineral Resources and Energy, advocate Thabo Mokoena, also submitted by Mantashe’s office.

It noted that Becker was suspended from the board in January — just days before the regulator approved the extension-of-life project for Koeberg — and, following a legal challenge by Becker, was given the opportunity to make a written submission prior to the minister making a final decision in February. 

Becker made his case, arguing that his anti-nuclear position was known ahead of his appointment; that his membership of the KAA was not a conflict; and that as a board member his stance was one of oversight — to gather sufficient documentary evidence to ensure that nuclear power, and Koeberg to be specific, adhered to robust safety standards.

That, he argues, is the job of the NNR. It is not, he says, to advocate for nuclear power. That is the job of the SA Nuclear Energy Corporation. 

Counsel acting for Mantashe was not swayed by these arguments and maintained that the conflict of interest was “material and fundamental”, and recommended Becker be discharged.

Following another fortnight of legal back and forth, Becker was dismissed in February.

Becker’s lawyers are now working on a supplementary founding affidavit, based on the information received. They are also talking to the advocates on both sides to agree on a court date, which will then be submitted to the Western Cape High Court. DM/BM

 

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