As more African countries explore nuclear energy as part of their long-term energy strategies, the conversation is shifting beyond reactors and technology. Increasingly, attention is turning to the legal, institutional and human foundations required to develop and sustain a successful nuclear programme.
These issues took centre stage during the Innovate Stage session The Legal Core of Africa’s Nuclear Future at Enlit Africa on 21 May 2026.
Bringing together representatives from government, Eskom, the Energy and Water Sector Education and Training Authority (EWSETA) and the South African Nuclear Energy Corporation (NECSA), the discussion explored how governance, regulation, education and public engagement will determine whether Africa can build a sovereign nuclear future.
Opening the session, moderator Teslim Yusuf, Executive for Planning, Monitoring and Evaluation at EWSETA, argued that while Africa’s energy deficit is widely recognised, the continent’s greatest challenge is not technological capability, but institutional capacity.
“Nuclear law is not a technical add-on. It’s a foundation on which energy sovereignty is either built or permanently deferred.”
He reminded delegates that although the Treaty of Pelindaba established Africa as a nuclear weapon-free zone 16 years ago, the continent continues to face significant energy access challenges, with around 600 million people still without electricity.
While nuclear energy is not, he noted, a “silver bullet”, it represents “a non-negotiable part of an honest energy mix” if Africa is to achieve reliable, low-carbon economic growth.
The discussion quickly established that successful nuclear programmes begin long before construction starts.
Responding to questions on regulatory readiness, Zukile Zibi, Director of Nuclear Policy at the Department of Electricity and Energy (DEE), explained that South Africa’s regulatory framework has evolved significantly over time.
He described how governance structures have deliberately separated operators, regulators and environmental authorities to ensure independent oversight and public confidence.
“There was a time where the regulator and operators were actually part and parcel of the same legislative regime,” he explained. “Over the years, due to the need to separate the roles… we started to separate from that position.”
Today, South Africa’s nuclear governance includes distinct responsibilities for the National Nuclear Regulator, environmental authorities, NECSA, Eskom and the DEE, each operating under its own legislative mandate.
Zibi also cautioned that nuclear law extends far beyond environmental legislation.
“The umbrella under which nuclear law is captured has about 12 components,” he explained, covering areas including nuclear safety, nuclear security, safeguards and environmental protection.
Rather than simply adapting existing legislation, countries entering nuclear energy require comprehensive legal and institutional frameworks supported by the International Atomic Energy Agency (IAEA).
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Public perception remains one of the most persistent challenges facing nuclear energy, with the panel arging that evidence provides the strongest response.
Elizna Viljoen, Senior Manager for Governance, Monitoring and Assurance at Koeberg Nuclear Power Station, pointed to South Africa’s own operational experience as proof of what effective governance can achieve; “The best way to convince our audience is with evidence.”
She highlighted Koeberg’s four decades of safe operation, describing its performance as the strongest demonstration of the technology’s safety.
“Koeberg has got an exceptional safety record of four decades of safe operation, and that is the foundation to convince the public of the technology’s safety,” Viljoen said.
That record, she noted, is underpinned by robust governance, independent regulatory oversight and continuous improvement.
She also explained that nuclear should never be viewed as competing with renewable energy: “Nuclear is not a standalone technology. It supports the system. It’s part of the energy mix.”
As a reliable source of low-carbon baseload electricity, nuclear complements renewable generation while providing stability across the power system.
Beyond electricity generation, Viljoen highlighted Koeberg’s contribution to regional economic development through local employment, infrastructure investment and specialised skills development.
One of the session’s strongest themes focused on developing African expertise rather than relying on imported capability.
Khetsiwe Dlamini from EWSETA argued that Africa’s nuclear future should be developed “by Africans for Africans”, with countries collaborating to build shared expertise across the continent.
“We really ought to promote that all our expansion into the nuclear space should be done by Africans for Africans,” said Dlamini.
She stressed that educational institutions must begin preparing future nuclear professionals long before they enter the workforce.
Centres of specialisation, universities, TVET colleges and even schools all have important roles to play in developing the next generation of engineers, technicians, lawyers, operators and regulators.
Importantly, she challenged the misconception that nuclear careers are limited to engineers: “Nuclear is inclusive. It requires all the relevant skills, including law.”
The discussion also highlighted the importance of introducing nuclear awareness at school level so that young people can help educate their families and communities while challenging long-held misconceptions about the technology.
Noxolo Kunene of NECSA reinforced the importance of retaining knowledge within African institutions.
Drawing on South Africa’s decades of operational experience, she explained that organisations such as NECSA and Koeberg have built substantial local expertise that continues to support the country’s nuclear programme.
NECSA alone employs approximately 1,500 people, while Koeberg has developed generations of highly specialised professionals over more than four decades.
Although international expertise is sometimes required during specialised maintenance or major projects, the industry is overwhelmingly driven by South African professionals.
Kunene captured the relationship between education and governance with one of the session’s defining observations: “Educational sovereignty equals governance sovereignty.”
She argued that countries unable to develop and retain their own expertise inevitably become dependent on external consultants.
That dependence weakens long-term governance by preventing institutions from building their own institutional memory.
“Educational sovereignty is the ability of a country or region to sustainably develop, retain, evolve and transfer its knowledge, expertise, institutional memory and intellectual capability,” said Kunene.
According to her institutional memory is what enables organisations to remain effective across generations rather than relying on individuals.
While South African universities have developed strong nuclear programmes, Dlamini acknowledged that greater attention is needed within the country’s technical and vocational education system.
TVET colleges currently have limited nuclear-specific training capacity, leaving organisations such as Eskom and NECSA to develop many occupational programmes internally through their own learning academies.
She argued that this presents an opportunity for greater collaboration between industry and educational institutions.
With TVET colleges spread across the country, expanding their nuclear capability would improve accessibility while supporting future industrial development.
“Our technicians and artisans are actually the engine room of ensuring that that country’s economy grows,” explained Dlamini.
EWSETA has already contributed to developing qualifications including radiation protection practitioners, nuclear plant practitioners and nuclear plant controllers, but the panel agreed that further expansion will be required as the sector grows.
As the discussion turned to future nuclear projects, panellists emphasised that public confidence depends as much on governance as on technology itself.
Responding to questions about opposition to nuclear developments, Viljoen argued that resistance often stems less from concerns about the technology than from perceptions around decision-making processes.
“What we do see is the main opportunities are in process,” said Viljoen.
She stressed that developers must follow every regulatory requirement transparently while engaging openly with affected communities: “The only thing that we can do is to ensure that we follow the processes very strictly.”
Public education also remains essential. By helping communities understand both the benefits and safeguards associated with nuclear energy, industry can reduce misconceptions and encourage more informed debate.
Towards the end of the discussion, the panel returned to one of the central misconceptions surrounding nuclear careers.
While many technical skills are transferable from other industries, nuclear demands an additional level of discipline because of the potential consequences of failure.
As Viljoen explained: “The potential consequences of making mistakes are what makes nuclear different.”
It is therefore precision, rigorous quality management, comprehensive documentation and an uncompromising safety culture that distinguish nuclear operations.
Rather than existing as an isolated profession, nuclear relies on engineers, welders, technicians, operators, lawyers, finance professionals, human resources specialists and countless other disciplines working within exceptionally robust governance systems.
Closing the session, panelists agreed that Africa’s nuclear ambitions will ultimately depend on partnerships between governments, regulators, industry, educational institutions and international organisations.
Greater collaboration between African countries, expanded public education, stronger institutional capacity and sustained investment in skills development will all be essential if the continent is to build long-term nuclear capability.
Summing up the discussion, Kunene reminded delegates that governance represents a promise to society: “Governance is a compact we enter into with the public that we will do this correctly, keep them safe, and give them the benefits of the technology.”
For Africa’s emerging nuclear sector, that compact may prove to be the foundation upon which the continent’s future energy security is built.
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