Click here to read the full judgment on Saflii
Afriforum sought to have National Treasury’s decision to approve a surplus retention request reviewed and set aside. It also sought to review and set aside a decision made on the recommendation of the African Renaissance Fund supported by the Ministers of DIRCO and Finance, to donate R50 million to Cuba. The court first had to consider if the decisions were administrative action and it found that they were not. The court held that the decision to approve the surplus retention request was lawful. The donation decision was, however, held to be unlawful because the ARF Advisory Committee, which made the recommendation to donate, was not quorate.
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