The Department of Water and Sanitation (DWS) has provided trade union Solidarity with comprehensive information about the Cubans who will perform engineering work in South Africa.
“The fact that this information has been provided is a first but important victory in the legal battle against the importation of Cuban engineers,” says Solidarity CE Dr Dirk Hermann.
As a result of the DWS's disclosure of the required information, Solidarity's urgent application need not go ahead on 1 June.
The department and the union have, therefore, agreed that the urgent case could be removed from the court roll for now and that costs be reserved until the main case is heard.
This disclosure of information followed an urgent court application in which Solidarity brought an interdict application seeking the disclosure of information about the Cuban engineers.
Solidarity says it can now proceed with the review application to have Human Settlements, Water and Sanitation Minister Lindiwe Sisulu's decision to appoint the Cuban engineers declared invalid.
“We received the information sooner than expected. With this information at our disposal, we can now proceed with the review application so that the Minister’s decision to import Cubans can be declared invalid,” says Hermann.
Solidarity notes that it will soon disclose relevant information on the importation of the Cubans on June 1. This will include whether they are, in fact, employees, the costs involved, whether they comply with the South African registration requirements and whether they will perform engineering work in South Africa.
Solidarity will also provide more information on the bilateral agreement with Cuba.
“It is a shame that the Minister deliberately misled the public in a statement by saying that the case had been withdrawn. There is no question of that happening. The urgent case has merely been removed from the court roll after an agreement between the parties,” Hermann notes.