The Supreme Court of Appeal (SCA) in Bloemfontein has dismissed with costs an appeal by Energy Minister Gwede Mantashe against a decision of the Western Cape High Court in favour of the Director of the National Nuclear Regulator (NNR) Peter Becker who was fired by Mantashe in 2022.
Becker challenged the Minister’s decision on the grounds that it was unconstitutional and unlawful. He sought an order reviewing and setting aside the decision under the Promotion of Administrative Justice Act.
The High Court ruled in favour of Becker declaring his discharge with immediate effect as unlawful, unconstitutional and invalid.
The SCA has now also concluded that the Minister unfairly made up his mind before Becker made representations concerning his discharge. It has confirmed the High Court ruling that the process was procedurally unfair and irrational.
