The Western Cape High Court has dismissed the applications of Minister Gwede Mantashe and the National Nuclear Regulator for leave to appeal against its ruling that the axing of anti-nuclear activist Peter Becker from the National Nuclear Regulator board was unconstitutional.

The Western Cape High Court has refused applications by Mineral Resources and Energy Minister Gwede Mantashe and the National Nuclear Regulator (NNR) for leave to appeal against the same court's decision on the sacking of anti-nuclear activist Peter Becker.

The applications were for leave to appeal against Western Cape High Court Judge Babalwa Mantame's scathing judgment on 19 January which found Mantashe's decision to discharge Becker from the NNR board was "unlawful, unconstitutional and invalid".

On Friday, 26 May, Judge Mantame ruled that Mantashe and the NNR, in their respective applications, had failed to convince the court that there was any reasonable prospect of success in an appeal and that there were compelling reasons why an appeal should be heard.

They were ordered to pay the costs of the application.

"The test applied in an application for leave to appeal amongst others, suggests that there must be a sound and rational basis for the conclusion that there are prospects of success on appeal.

"The respondents have not taken this Court into its confidence and identified the compelling reasons why this matter should be heard by an appeal court, other than to give this Court's judgment their own meaning. The...