By Lehlohonolo Lehana.
The Gauteng High Court in Pretoria has dismissed, with costs, the government’s application for leave to appeal the court’s ruling that AfriForum could interdict it from donating R50 million to Cuba.
In a judgment delivered virtually on Tuesday Morning, Judge Brenda Neukircher said that, after “careful consideration of the application for leave to appeal, the comprehensive heads of arguments”, and the arguments presented before the court on Tuesday, she was convinced that granting leave to appeal was “not in the interests of justice”.
Afriforum defended Judge Neukircher’s original ruling and opposed the application on the grounds that the urgent interdict was granted on a temporary basis pending the outcome of the later review application.
It argued there was no reason to appeal an urgent court order since the government would have the opportunity to make its case during the review application.
AfriForum welcomed the judgment, saying: “We are glad that the court upheld the interdict since it is simply unacceptable, irrational and illegal for the government to squander money that could be used to solve the myriad of problems in this country,” said AfriForum’s Campaign Officer for Strategy and Content, Reiner Duvenage.
Despite widespread condemnation of the donation, the government appears determined to support Cuba. Dirco has also filed leave to appeal applications at the Supreme Court of Appeal and Constitutional Court.
“Monday’s ruling, strengthens our optimism that the interdict will be upheld in the higher courts and that we will succeed with our review application to overturn the decision to donate the funds,” says Duvenage.
Meanwhile President Cyril Ramaphosa said South Africa will donate humanitarian aid and health items, not money, to Cuba in response to a request for humanitarian assistance.
Ramaphosa said so in response to parliamentary questions from DA leader John Steenhuisen.
Steenhuisen asked whether Ramaphosa was advised of the government’s R50 million donation to Cuba to assist with the food security threat in the face of sanctions against Cuba by the US.
The DA leader also enquired if his office approved the donation and asked for justification for giving the R50m to Cuba when there was a hunger crisis in the country.
The parliamentary question came at a time the civil rights organisation AfriForum was granted an interdict stopping the payment pending an application to review and set aside the decision of the Department of International Relations and Co-operation.
In his written response, Ramaphosa said the approval process prescribed in terms of the African Renaissance and International Co-operation Fund Act did not have a requirement that the president is advised on decisions relating to the utilisation of the funds in the African Renaissance Fund.
“I am informed that humanitarian aid and health items, and not money, will be provided to Cuba in response to a request from Cuba for humanitarian assistance,” he said.
Ramaphosa also said South Africa has been and continues to be the recipient of assistance from other countries, both in the form of humanitarian aid and development aid in areas like education and health.
These acts of solidarity provide welcome support to our efforts to improve the lives of South Africans.
“In the same spirit, South Africa set up a mechanism in the form of the African Renaissance Fund (ARF) to enable us to provide support to people of other countries when they are in need.”
He also said the humanitarian aid provided to the people of Cuba arose from South Africa’s commitment to assist other countries just as it has been assisted.