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JOHANNESBURG - 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 yesterday morning, Judge Brenda Neukircher said: After careful consideration of the application for leave to appeal, the comprehensive heads of arguments’’, and the arguments presented before the court yesterday, she was convinced that granting leave to appeal was ‘not in the interests of justice’.
Ruling
The ruling came despite a passionate Cooperation(DIRǯCO) . argument by advocate Hephzibah Rajah, who represented the Department of International Relations and
EASTERN CAPE - Eastern Cape premier Oscar Mabuyane has been re-elected as provincial ANC Chairperson in a tense and fiercely contested conference on Monday.
Mabuyane’s faction enjoyed a clean sweep of all the top-five positions with Mlungisi Mvoko elected as deputy chairperson. Mabuyane’s slate also won the secretariat, with the election of Lulama Ngcukayitobi as secretary and Helen Sauls-August as his deputy. Zolile Williams was elected treasurer against Andile Lungisa.
The conference started on Saturday and faced a collapse following deadlocks over credentials which resulted in the delay of voting. Voting got under way in the early hours of Monday morning.
Mabuyane got 812 votes against his competitor Babalo Madikizela’s 602 votes after 1 477 ballots were counted. Two of these ballots were spoiled, while 21 were quarantined (meaning votes were not counted because of unresolved issues about them, like being cast by delegates whose status had not been confirmed). you’ve shown commitment and resoluteness that ensured that this conference took place. Many thought that it would descend into chaos, even the front pages of some newspapers were saying it’s going to descend into
Rajah laid out numerous fundamental reasons why her client believed the judge had erred in her judgment delivered in writing in March regarding the Cuban donation.
Principle
The main bone of contention raised by Rajah was that the judgment grossly interfered with the principle of the separation of powers as enshrined in the Constitution.
She argued that it was the sole prerogative of the executive, and not the courts, to conduct international relations.
“The power to conduct international foreign relations is the privilege of the executive, and thus the doctrine of separation of powers was engaged tance,”saidǯRajahǦ. when dealing with decisions made by the executive in fulfilling its functions to conduct such humanitarian assis
Mabuyane’s victory in the ANC’s second-largest region is a boost for President Cyril Ramaphosa’s bid to be re-elected in December. It is not clear who the Mabuyane faction will support as Ramaphosa’s deputy.
The outcome is a loss for former health Minister Zweli Mkhize’s presidential campaign. Even though Madikizela had thrown his weight behind Ramaphosa, some in his faction were rallying behind Mkhize to be the next president.
ANC Treasurer Paul Mashatile, who is acting Secretary-General, appeared to be in support of Madikizela’s slate for his own ambition to be elected deputy president, probably against Justice and Correctional Services Minister Ronald Lamola.
He admitted that the conference was challenging and they had had to go through a litmus test. “We spoke about stability and I’m happy to see that all the delegates are still here and prepared to be part of the conference,” Mashatile said. Ramaphosa is expected to address the conference this afternoon. The election for additional members is under way. chaos and I am glad you proved them wrong,” he said.
The elective conference was dubbed – a precursor for the much anticipated 55th ANC Elective Conference again scheduled for Nasrec in Johannesburg.
She added that when the court granted the interdict judgment in March, it, therefore, usurped DIRCO’s rightful powers, and that alone warranted a granting of leave to appeal the judgment.
She further argued that the executive decision to assist Cuba with humanitarian aid had not been concluded, yet the court had found it fitting to meddle in the matter.
Although still six months to that watershed conference, the Eastern Cape delegates seem to have nailed their colours to the mast by calling for ANC President Cyril Ramaphosa to serve a second term as party president.