Cuba donation on ice

APPEAL: AFRIFORUM ASKS COURT TO INTERDICT PAYMENT OF R50M Civil rights body says the necessary parliamentary processes ignored.

Government’s planned R50 million donation to Cuba has been put on ice – for now. Judge Brenda Neukircher of the High Court in Johannesburg has interdicted the payment of the funds pending the finalisation of an application to review and set aside the decision to make the donation.

Deputy Minister of International Relations and Cooperation Alvin Botes announced plans to donate R50 million to Cuba during a briefing before the portfolio committee last month.

This, he said at the time, was “for special intervention purposes” and “relate to the Cuban people, who have experienced food security challenges, because of the sanctions levelled against the people of Cuba by the United States of America”.

The announcement sparked widespread uproar and prompted AfriForum to take Botes, together with International Relations and Cooperation Minister Naledi Pandor and her director-general, along with the African Renaissance and International Cooperation Fund, to court.

The civil rights group and government squared off for the first of a two-part case last week. The former asked the court to interdict the latter from making the donation, for which it says the necessary parliamentary processes were not followed.

In her ruling yesterday, Neukircher identified the question of when the donation stood to be made as pivotal.

“At present, the question is whether the R50 million donation stands to be made soon. On the respondent’s version it does not. They argue that for the donation to be made, an agreement needs to be concluded between Cuba and South Africa in terms of section 5(4) of African Renaissance and International Co-operation Fund Act which has yet to take place,” she said.

“They also argue that for any agreement with Cuba to be valid, it must comply with section 231 of the constitution [which deals with international agreements]. As this process has yet to take place, they argue that there is no irreparable harm that stands to be suffered.”

But, she continued, this was not the only aspect to be considered. “Cuba has not asked for funds – they have asked for aid in the form of food and medical supplies. On the respondent’s own version, this request will be regulated through supply chain management processes which are regulated by the Public Finance Management Act and these procurement processes were completed in December 2021.

“The respondents argued that all that remained of these processes was for the service provider to be appointed. However, therein lies the irreparable harm – once the service provider is appointed and the humanitarian aid purchased, the money has been expended. This could be at any stage as the respondents have failed to divulge any further information on this issue. Thus the harm is imminent and ongoing.”

Neukircher found AfriForum has demonstrated the irreparable harm to be suffered in the absence of an interdict.

“The public purse stands to lose R50 million which will affect every single South African on many levels,” she said. She found government couldn’t claim it would suffer any harm were the donation to be put on hold.

AfriForum was also awarded costs. The group is now preparing a review application.

AfriForum’s Reiner Duvenage said they were pleased they had stopped “this unlawful and shameful donation in its tracks”.

The public purse stands to lose R50 million