The Department of International Relations and Cooperation (DIRCO) has noted the Constitutional Court order, published on 23 August 2022, dismissing its application for direct access to appeal the order by the Gauteng Division of the High Court (Pretoria) on 22 March 2022, that interdicted the Government and the African Renaissance and International Cooperation Fund (Fund) from proceeding to provide humanitarian assistance to Cuba through the Fund.

DIRCO applied for direct access to the Constitutional Court to appeal the order while simultaneously petitioning the Supreme Court of Appeal for direct access.

The decision of the latter is still awaited.

The legal proceedings in the review application against the decision to provide humanitarian assistance is continuing in the Gauteng High Court.

In its order, the Constitutional Court did not pronounce itself on the merits of the case, as it was dealing with the application for direct access, which is a procedural matter.

The Constitutional Court made it clear in its order that it will not hear the matter at this stage of the process, with the result that the matter should first be ventilated and heard in a different court.

Any narrative or suggestions in the media that the order given by the Constitutional Court is a “victory” in the case are erroneous as the substantive matters relating to the review are still to be addressed in the High Court process, which is currently ongoing, and all legal routes remain available to the Government, including to appeal the matter in the Constitutional Court once the legal proceedings have taken their course.