He claims that such an action is proof of the legal flaw in the minister’s assertion that direct blame rests on Necsa for the facility’s safety issues, and that Tshelane did take steps in November to address the initial shutdown by relieving NTP M.D. Tina Eboka of her responsibilities over safety and compliance, as the safety issues were connected to the completion of compliance and safety reports.

Eboka and several other NTP employees were placed on special leave while the board investigated, only for Radebe to instruct Tshelane months later to reappoint her as M.D.


The board objected, holding her responsible for the safety lapses at the plant but Radebe notes in his affidavit that it is highly unusual for the Necsa CEO to suspend, discipline or interfere in disciplinary proceedings against NTP’s M.D., and criticized the technical competence of the management imposed on NTP by Necsa.

Kemm clapped right back at Radebe for his decision to appoint his deputy minister to supervise the NTP business, calling it “unlawful.” He also disputes the claim made by Radebe that putting her in charge caused production to restart, saying that operations had already recommenced prior to her involvement. The DM has since resigned from her position as of December 2018.

Another point of tension is the members’ signing of a memorandum of understanding of intent to the Russian nuclear healthcare enterprise, Rusatom, for the expansion of oncology centers in Africa. Radebe argues that the signing violated the Nuclear Energy Act, as well as his wishes, and that such a collaboration conflicted with another agreement in place with the Australian Nuclear Science and Technology Organisation.

Kemm says the MoU did not require approval from Radebe as it was nonbinding, and that the minister was made aware of the agreement in May but remained silent until the day of the signing at the Brics summit in Johannesburg, when he allegedly relayed his opposition to the deal. This claim, though, has been disputed.

“I … justifiably believed that it would have been politically embarrassing for the signing ceremony not to have occurred, more particularly for the Russian president across the road from the Brics summit and extolling the cooperation between SA and Russia, and the signing which had originally been scheduled for Sochi in May 2018 already having been postponed to considerable embarrassment,” said Kemm in his affidavit.

In addition, the minister has accused the three of approving unauthorized salary increases in board and CEO remuneration, with Kemm saying that the increases abide by the rules for state-owned companies, and that a one million rand (more than $72,000) increase was approved for Tshelane by the previous energy minister.

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