Earthlife wins right to appeal

Press Release:7 July 2006

The Supreme Court of Appeal (SCA) yesterday granted Earthlife Africa Cape Town (ELA CT) leave to appeal the earlier judgement of Acting Judge of the High Court, Judge Fevrier, in the Eskom Board Minutes Court Case. The SCA also set aside the costs order in the leave to appeal application. ELA CT commends the SCA for recognizing the validity of this application and ensuring that the law is applied equitably. In 2005 ELA CT launched an application for access to Eskom Board Minutes pertaining to the Pebble Bed Modular Reactor (PBMR). ELA CT is represented by the Open Democracy Advice Centre in this matter. The application is filed using the Promotion of Access to Information Act. It was hoped that these documents would provide Eskom’s rationale for failing to supply adequate information on the health impacts and economics of the PBMR. It is important that ELA gains access to Eskom’s relevant Board minutes before the EIA of the PBMR is completed. The National Environmental Management Act (ch5) requires that an EIA take full account of the expected environmental, social and economic impacts of a project. It is believed by ELA CT that such information is essential for South African taxpayers to have when R16 billion will be spent on this project. Earthlife Africa Cape Town and the Open Democracy Advice Centre are vindicated that the spirit of the law has been upheld and looks forward to seeing justice done when this matter is argued at the SCA.