2007 SUBMISSION OF HABITAT COUNCIL WITH RESPECT TO THE PUBLIC HEARINGS ON NUCLEAR ENERGY

20 June 2007

Prepared by Marie- Lou Roux Executive Officer

Honourable chairman and members of the Portfolio Committee, we appreciate the opportunity to address the committee on this issue.

I speak here particularly on behalf of those of our members who are especially concerned for the way in which we as a country are dealing with waste and pollution which includes nuclear waste, and the plight of our poorer communities.

1. General disillusionment with the inadequate implementation of our legislation and the gradual erosion of some of our environmental legislation

We are deeply saddened and concerned about what we perceive to be a gradual weakening of the fine principles embedded in our Constitution,. (with its section 24, guaranteeing an environment not harmful to the health and well-being of present and future generations), and in NEMA, the National Environmental Management Act (15 of 1007). This weakening takes place through the failure to implement and monitor implementation of our laws and through progressive changes to these laws.

At the time NEMA was being finalised we suffered the disappointment, which those of you who were members of this committee then will recall contained a section providing for an Environmental Appeal Tribunal. Such a Tribunal (which exists in some other countries), would hand down decisions in cases affecting the environment based on the actual merits of the case, not merely review whether the correct procedures had been followed in the origina1 trial. This provision ,vas thrown out by the Council of Provinces after considerable lobbying by developers and industrialists.

During the past decade we have seen a gradual weakening of our environmental safeguards. The first Amendment of NEMA scuppered the provision that any action which would cause "significant environmental harm" would trigger an Environmental Impact assessment. After this was to follow the NEMA
have ill this regards, is that inappropriate waste resources can be authorised as fuel. A case in point is the burning of tyres in cement kilns, test burns of which are taking place at the moment, and the lobbying to incinerate Municipal Solid Waste to produce energy, (so-called waste to energy plants). Such processes indisputably produce dioxins and furans and other heavy metal emissions and contaminated bottom ash. These are serious threat to the health of communities and the environment.

2. Concerns with respect to nuclear waste management

2a Lack of independence of National Nuclear Regulator

This possibly lies at the heart of many of the incursions on human health that have been taking place in the industry.

We wish to refer you to the Draft National Radioactive Waste Policy Framework of 2003 (although to our knowledge this has not yet been finalised).

Section 2 gives International Policy Principles, developed by the international community through the International Atomic Energy Agency (IAEA) and applicable to all countries, including South Africa.

I quote:” As a member state of the IAEA. and in accordance with National and International objectives, it is government's policy to deal with radio active waste in a manner that protects human health and the environment, now and in the future, in accordance with the following principles”

It is important to note the principle of having an appropriate national Legal Framework, with the requirement that provision shall be made for “ clear allocation of responsibilities and independent regulatory functions”


This requirement is not honoured.
The Draft Framework referred to is exemplary in its provisions.

The internationally recognised Precautionary Principle, which stems from the Rio World Summit, in NEMA reads: "that a risk-averse and cautious approach is applied, which takes into account the limits of current knowledge about the consequences of decisions and actions".

Among the other principles listed are: Protection of Human Health, of the EnvirolID1ent and of Future Generations, and that radioactive waste management will not «impose undue burdens on future generations".

2b Absence of transparency and public participation on the part of the nuclear industry

Other parties present cite examples of this lack of transparency today. We just wish to refer you to the Draft National Radioactive Waste Policy Framework of 2003 (although to our knowledge this has not yet been finalised).

The Draft National Radioactive Waste Policy Framework, under section 3, has as its second bullet point: Transparency regarding an aspects of radioactive waste management, and requires "that the public shall have access to infom1ation regarding waste management where this does not infringe on the security of radioactive material. "

It cannot be clain1ed that information requested on the number of spills and accidents, or the numbers of workers falling ill can be seen to compromise the "security of nuclear material".

This draft Policy framework includes the necessary principles, such as the Precautionary Principle (bullet point 4). "Where there is uncertainty about the safety of an activity, a conservative approach should be adopted."

and on Public Participation (bullet point 8): "Radioactive waste management should take into account the interests and concerns of all interested and affected, \"hen decisions are being made"

If the concerns of citizens were truly taken into accow1t, we believe that there would be a change of heart by the authorities with respect to its nuclear program. We are fearful of mishaps in the nuclear plants. Human frailty has proven that human error can never be discounted. We here in the vicinity of Koeberg feel especially vulnerabJe.

Without transparency and dependable reporting, and public participation there can be no honourable planning.

3. In conclusion

On a perhaps flippant note, I should like to admit that every time an Orange Alert or Red Alert message flits across our television screens, I feel that it is Eskom conditioning the people of South Africa to panic about our so –called shortage of electricity and condition them to feel that we must get nuclear power as soon as possible to fend off this disaster of cut-offs.

However , seriously, if Eskom were sincere when it states that it does support alternative sources of energy , such as wind or sun energy, the moneys spent on research of those technologies would show that. To me the integrity of Eskom is compromised by the fact the more than 6 billion rands have bben spent on the Modular Nuclear Pebble Bed and not yet even 50 million on wind turbine research in this country.

Considering the potential for job creation in a country desperate for work
opportunities such as the development of these alternate technologies offers, we hold this push for nuclear power generation to be morally indefensible

Can the Radioactive Waste Management Policy and Strategy be finalised, with the retention of its laudable clauses for the protection and safety of our people and environment?

We look to your committee to help is achieving these objectives.

I thank you