By Lehlohonolo Lehana.
The department of international relations and co-operation (Dirco) will return to court to argue its case over a R50m donation to Cuba.
On Tuesday, Judge Brenda Neukircher, of the Gauteng High Court in Pretoria, granted the urgent interdict, pending the final outcome of an application to be instituted by AfriForum to review and set aside the decision to donate an amount of R50 million to the Government of Cuba, or the final outcome of proceedings to declare that the donation is unlawful and/or unconstitutional.
Judge Neukircher said: “None of the respondents could claim that they would suffer any harm were the R50 million donation to be put on hold whilst the matter was adjudicated on its complete merits.”Neukircher also ordered the Department of International Relations and Cooperation (Dirco) and National Treasury to pay the costs of the urgent application.
In a statement, Afriforum said “it is pleased that the court ruled in its favour against the ludicrous donation amid a serious economic crisis.”
“The ministry, as well as the Department of International Relations and Cooperation, have noted the interim order granted in the Pretoria High Court, pausing implementation of the humanitarian aid that South Africa had agreed it would provide to the Republic of Cuba,” Pandor said in a statement issued on Wednesday.
“We are studying the judgment. It is an interim order. There will be a return to court in 20 days’ time. We are consulting our legal representatives and preparing our heads of arguments.
“And we want to make it clear that the African Renaissance fund does not provide money to any beneficiary. We provide humanitarian aid; be it food, medical supplies, or other forms of support. No money is provided and the funds lie within the budget of the Department of International Relations and Cooperation and no other department.”
Pandor added that nevertheless, we are preparing to return to court.
Chairperson of the Portfolio Committee on International Relations and Cooperation, Supra Mahumapelo, had also noted Neukircher’s ruling.
The committee said it would study the judgment and respond at an appropriate time.
“Of course we are not happy, as this outcome will likely have major implications on other progressive international solidarity work that South Africa still has to do with countries like Cuba,” Mahumapelo said.