Flawed Appeal Process  - DEAT now changing its tune.

Press release: 20 August 2003.

Earthlife Africa has consistently maintained that the process is fatally flawed and the latest phase, the appeal process, seems even more confusing and contradictory. 
Up to now, DEAT has insisted that appeals against the PBMR must be on the requisite form obtainable only from them, and signed by a commissioner of oaths.  The form is only available in English.

Earthlife Africa has been struggling to assist people who want to appeal against the proposed new nuclear mini-reactor, the PBMR.    Together with NAMREC, (a community organization in the northern cape), Earthlife Africa approached the Public Protector.  This was after an abortive attempt to Department of Environment Affairs and Tourism (DEAT) itself, where Earthlife Africa was curtly informed that the appeal form was available in English only.

The Public Protector intervenes:
The public protector has intervened and obtained some concessions from DEAT which could make the appeal process simpler, namely that the commissioner of oaths stamp was no longer required.  This is important as for people living in remote rural areas, the commissioner of oaths could be 70kms away.  DEAT has also finally agreed to translate the form into Afrikaans.  This means that the majority of people in the Western and Northern Cape provinces (whose home languages are Afrikaans and Xhosa) have now only 4 working days to complete the form and get their appeals to the Minister.

Pan South African Language Board intervenes:
The PANSALB have also been asked to intervene and are meeting with DEAT this afternoon to discuss the language issues.

Earthlife Africa cannot understand why DEAT is unable to extend the deadline to accommodate people who want to appeal but have found the process inaccessible. DEAT is effectively giving only 4 working days to appeal. 

"The process seems to have been made extremely difficult deliberately," said Liz McDaid, of Earthlife Africa, Cape Town.  "we have received more than 50 letters of support from individuals, people who feel strongly against the PBMR but are unable to go through the lengthy and complicated process of completing the form." 

DEAT's approach seems to be aimed at limiting public participation and they only seem to respond when forced to do so by institutions such as the public protector.

Earthlife Africa demands that the government provide fair administrative justice in accordance with the laws of South Africa.  The Government appears to be arrogantly ignoring people's legitimate rights. 

DEAT has now moved the goalposts.  DEAT has agreed that we don’t need to go through the time-consuming process of the commissioner of oaths, they have agreed finally that they will translate the form into Afrikaans at least.  But people now need to have a fair opportunity to participate.  Surely DEAT cannot be so arrogant as to change the rules and then not even tell the public.  This is just compounding an already unfair and flawed process.