Why did the Public Protector initially refuse to give ABSA, one of the parties cited, a copy of the ABSA bailout report, only to relent at the threat of legal action? Why did the Public Protector give a copy of the same report to the Gupta-family funded pressure group, Black First Land First (BLF), without extending the same courtesy to Adv Paul Hoffman, the complainant in the matter, or even the likes of former President Thabo Mbeki, whose name features prominently in the report? Even more disturbing, as the South African Reserve Bank (SARB) charged today in papers filed before the Gauteng High Court of South Africa in Pretoria, the fact that she consulted with both the Presidency and the State Security Agency (SSA) and neglected to include transcripts of the meetings.

The Centre for Constitutional Rights (CFCR) welcomes the decision by the Western Cape High Court, handed down today, which sets aside South Africa’s nuclear agreement with Russia. The successful challenge to the agreement was launched by civic organisations, EarthLife Africa (ELA) and the Southern African Faith Communities’ Environment Institute (SAFCEI), on the basis that the agreement was unlawful and unconstitutional.

The secret nuclear deal would have reportedly cost the nation R1-trillion and the South African public would be none the wiser – but for the diligence of investigative journalists and the non-governmental organisations who approached the courts.

Apart from the exorbitant costs of the deal, which South African taxpayers would have to bear, the deal transgressed the Constitution’s demands that procurement of goods or services must be fair, equitable, transparent and cost-effective. Binding for a minimum of 20 years, the deal would have practically granted South Africa’s decision-making powers on the nuclear industry, over to Russia.