The Pretoria High Court has dismissed the Labour Party’s urgent application to interdict the launch of the National Dialogue in August.
The Labour Party had, among other things, argued the alleged R700-million cost of the National Dialogue initiative.
The party questioned whether such a large public expenditure is justified for a process that, in its view, duplicates the constitutional role of parliament and lacks oversight.
According to court papers, the state rejected the R700-million as “patently false”, arguing that the Labour Party failed to provide a factual basis for the amount.
“As to the process, the state respondents plead, factually, that to the extent that the application relies on the fact of the First National Convention and an accountable process, they have failed to adduce any evidence that this will happen.
“The overwhelming uncontested evidence is that the First National Convention will set the agenda and structure for the National Dialogue,” reads the court document.
Court finds evidence is insufficient
The court agreed that there was insufficient evidence to support the claim and that the budget issue alone was not enough to justify halting the process at this stage.
The Labour Party had claimed that President Cyril Ramaphosa lacked the constitutional authority to unilaterally establish a dialogue of such scale and political weight.
It cited the EFF v Speaker judgment as it argued that the initiative violated principles of accountability, constitutional supremacy, and lawful public expenditure.
“All parties accept that the president can only act in terms of powers given by law. The dispute is whether the president has the power to announce a National Dialogue.
“The Labour Party submits that the president does not have the power to convene a National Dialogue. As such, their concern is that the rule of law is threatened.
“The state respondents and foundation point to a cluster of rights that they say empower the president.
“Specifically, sections 83(c), 84(1), 85(2), and 85(2)(b). Section 83(c) provides that the president promotes the unity of the nation and that which will advance the Republic.
As such, the court has dismissed the application and made no order as to cost.
Rebuilding trust, uniting South Africans
Speaking at the Union Buildings at the first meeting of the National Dialogue Eminent Persons Group last Friday, Ramaphosa described the National Dialogue as one of the most important steps South Africa can take to rebuild trust, unite its people, and respond to the deepening challenges facing the country.
“The National Dialogue is an opportunity to mobilise South Africans to address these challenges and restore our country to the path of transformation, development, and progress.
“It is an opportunity to build on the achievements of the last three decades by defining a shared vision and a common programme to take the country forward,” said Ramaphosa.
The National Dialogue preparatory task team has welcomed the court’s decision.
Anga Jamela of the National Dialogue communications sub-commitee said the ruling emphasised that the National Dialogue is not a mere talk shop but a long-term participatory process meant to reach out to the majority of South Africans.
“The budget for the entire National Dialogue is being developed in parallel with the planning thereof,” said Jamela.
“Once it has been developed, it will go through the requisite budgetary and approval processes before a confirmed cost can be publicly communicated.”
