SCA dismisses leave to appeal bid in R50m Cuba aid case

The Supreme Court of Appeal (SCA) on Tuesday dismissed the department of international relations & co-operation’s (Dirco’s) application for leave to appeal an interdict gained by AfriForum last year to stop a planned R50m humanitarian donation by the department to Cuba. 

On March 22 last year, AfriForum obtained an urgent interdict from the Pretoria high court preventing Dirco from making the donation to Cuba, pending a review application of the decision to stop the donation completely.

AfriForum said Dirco unsuccessfully appealed to the high court and the Constitutional Court last year before applying for leave to appeal to the Supreme Court of Appeal this year. 

There was no hearing of the application but the SCA issued an order on Tuesday, which said: “The leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard.” 

AfriForum said its review of the decision to make the donation was heard by the high court on May 15.

“AfriForum is awaiting the judgment and is optimistic about the chances of success.” 

Charné Mostert, campaign officer at AfriForum, said the organisation was glad the court dismissed the department’s attempts to appeal against the interdict.

“It is troubling that the department appealed against the interdict at every court in South Africa. This clearly demonstrates Dirco’s desperate determination to gift taxpayers’ money to their friends and their relentless pursuit of any means to achieve it,” Mostert said. 

Addressing parliament last year, international relations & co-operation minister Naledi Pandor said the idea that by donating to Cuba, the government was taking money from South Africans was a selfish attitude that did not accord with the country’s constitution, which promotes friendship and support for countries in need. 

“Indeed, we have a difficult financial situation as South Africa, but since we do have a few rand that we can use to help others, we do from time to time provide assistance on a small scale that I believe other countries appreciate.”

She said “very sadly” due to the decision of the high court, SA had not been able to respond to Cuba’s request for humanitarian aid. 

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