Cape Town - The South African government does not understand why everybody is picking on its agreement with Russia to possibly supply nuclear power infrastructure when similar agreements have been made with France and China, the Western Cape High Court heard on Thursday.
It was not even a commercial agreement which would need a budget approval, just a ''proposed partnership'' agreement for now, said Department of Energy lawyer Marius Oosthuizen SC.
He was arguing in a joint application by EarthLife Africa Jhb and the Southern African Faith Communities Environment Initiative for a review of an agreement with Russia as part of plans to produce another 9.6GW of power for the national grid through nuclear energy.
The deal is said to cost about R1 trillion but the parties believe that not only is nuclear power unsafe, but that the money could be better spent elsewhere.
Oosthuizen said that the agreement with Russia is an international ''technical administrative executive'' decision and this meant the courts do not have the power to rule on the issue anyway.
''There is a recognised principle that courts should not interfere with parliamentary procedures,'' said Oosthuizen.
The government was only following its own policies by putting out feelers for nuclear power to be added to the country's energy mix, so it could not understand why people are opposed to it.
''Why can't South Africa ask Russia to help out with nuclear power?'' Oosthuizen asked.
The matter also did not have to be debated and voted on in Parliament. Tabling it was sufficient.
''There's nothing wrong with the decision of the president, there's nothing wrong with the decision of the minister [Tina Joemat-Pettersson]."
The case would continue on Friday.