The Department of International Relations and Cooperation (DIRCO) has taken note of the Constitutional Court’s order, published on 23 August 2022, rejecting its application for direct access to appeal the order of the Gauteng Division of the High Court (Pretoria) dated 22 March 2022, which prohibited the Government and the Foundation African Renaissance and International Cooperation (Fund) to continue to provide humanitarian assistance to Cuba through the Fund.
DIRCO petitioned for direct access to the Constitutional Court to appeal the ruling and simultaneously petitioned for direct access to the Supreme Court of Appeal.
The decision of the latter is still pending.
An application for a review of a humanitarian aid decision is ongoing in the Gauteng High Court.
In its ruling, the Constitutional Court did not comment on the merits of the case, as it considered the request for direct access, which is a procedural matter.
In its order, the Constitutional Court made it clear that it would not hear the case at this stage of the process, so the case must be reviewed and heard in another court.
Any narrative or speculation in the media that the Constitutional Court’s order is a “victory” in the case is false, as the substantive issues surrounding the review have yet to be resolved in the ongoing High Court proceedings, and all legal avenues remain open to the government, including an appeal to the Constitutional Court after the trial is over.
Distributed by APO Group on behalf of the Republic of South Africa: Department of International Relations and Cooperation.
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