High Court Blocks South African Government's R50m Donation to Cuba

A landmark ruling by the Gauteng High Court in Pretoria has stopped South Africa's government from donating R50 million (R50m) to Cuba, in response to a review application submitted by AfriForum, a civil rights platform. The organization has successfully protested against the government’s solidified plans made by the Department of International Relations and Cooperation (DIRCO) to extend this generosity to the Cuban administration.

AfriForum, last year, secured an urgent injunction to halt the department's decision to make the R50m donation. The government’s counter-appeal was duly dismissed. As part of its review application, AfriForum has called for not only the cancellation of the planned donation but also for any projected donations to Cuba to be legally dependent on the approval of parliament.

Charné Mostert, a campaign officer at AfriForum, vocalized the group’s economic concerns, stating, “A country with a struggling economy and government on the verge of running out of money cannot hand out tens of millions to its friends.”

The disputed R50m planned for Cuba constituted part of a R71m retentive sum carried over from the 2020/21 budget cycle. In February 2020, South Africans were unexpectedly informed of the government's donation intentions by the DIRCO. The Department insisted that the donation would draw from the African Renaissance Fund and was intended to support humanitarian assistance.

Gauteng Judge President Dunstan Mlambo, delivering his review judgment this week, agreed that the donation decision was subject to legality. He asserted that the decision "suffered from illegality" as it did not involve a quorum advisory committee, making it liable for review and possible cancellation.

The Democratic Alliance (DA) lauded the judgment, urging DIRCO to allocate the proposed Cuban funds towards domestic needs, including healthcare, education, and job creation.