The DA bit the cat on the tail when he thought that the state, under its emergency powers in terms of art. 16 of the Public Finance Management Act (PFMA) plans to raise money for South African Airways (SAA).
The finance department says in a letter sent by the state attorney’s office to Elzanne Jonker, legal representative of Geordin Hill-Lewis, that he will apply for the case to be struck off the court roll because there is no truth in the state’s planning to obtain money for SAA in this way.
Hill-Lewis, DA MP, submitted an urgent application to the High Court in Pretoria on Friday, according to which he wants to obtain an interdict against the state receiving money for SAA in this way.
He also wants to prevent that – if the state has already paid money to SAA in this way – it may not be used.
“Your client’s application does not provide any factual grounds for this assumption,” reads the letter from the department.
“This is surprising, as the minister (Tito Mboweni) does not make a decision in terms of art. 16 of the PFMA to use money from the national income fund for the implementation of the rescue plan for SAA. ”
Hill-Lewis’ response to the letter is that the DA has repeatedly asked the state where the money will come from to save the SAA.
He points out that he has explicitly asked the Department of Public Enterprises and the Treasury to confirm that they will not receive money under the PFMA for SAA. Neither the department nor the treasury responded to the request.
According to the letter, the DA has not yet seen the affidavits of the state.
Finance Minister Mboweni did tweet on Saturday at 20:33 that he should sign legal documents and have them sworn in by a commissioner of oaths. He says in the tweet that the deadline for the documents was at 16:00.
The deadline that Hill-Lewis gave the department to respond to his application was Sunday at 4 p.m.
Today, July17, 2020, I had to study and sign legal documents.And the deadline was 16:00.But I had to sign my affidavit before a Commissioner of Oaths. I rushed to Tzaneen and was assisted by the first law office I saw.flipcoetzerinc. [email protected] Forgot to pay them! Oopsie.— Tito Mboweni (@tito_mboweni) July 17, 2020
Public Enterprises Minister Pravin Gordhan told presenter Karima Brown on eNCA program The Fix on Sunday morning that the government was “still working” to determine where the R10.1 billion coming from SAA’s business rescue plan would come from. required.
“We will keep parliament and the public informed,” Gordhan said.
He has repeatedly stressed that “financing” must be “mobilized”, with the apparent implication that the government may only guarantee loans rather than pay money out of its own pocket.