Minister of Public Works and Infrastructure, Dean Macpherson, has filed a robust answering affidavit in opposition to a court application launched by Black Forum South Africa and Izwi Labantu Forum. The civil society organizations are challenging Macpherson’s recent appointments to the Independent Development Trust’s (IDT) board of trustees.
The matter stems from Macpherson’s decision to appoint five individuals to fill vacancies on the IDT board. The appointments have been met with legal resistance from the two organizations, who last week urgently approached the courts seeking to have the appointments suspended and ultimately declared invalid.
Minister Macpherson Dismisses Urgency of Legal Challenge
In his affidavit, Macpherson firmly rejects the claim that the matter warrants urgent judicial intervention. He argues that the urgency claimed by the applicants is “self-created,” citing their awareness of his intention to fill the IDT board vacancies as far back as 19 February or 3 March 2025. Despite this, the legal challenge was only filed in early April, a delay the minister says undermines the applicants’ claim of urgency.
Dean Macpherson
“The applicants were aware of the minister’s intention to fill the vacancies either on 19 February or 3 March, yet only launched the legal challenge last week,” said Macpherson in the affidavit filed on Friday.
Appointments Were for Remaining Term Only
Macpherson went on to explain that the appointments were not permanent but were made to fill the remainder of the previous trustees’ term, which expires on 4 July 2025. After that date, a new IDT board will be constituted, rendering the current appointments temporary.
“These individuals are only serving out the remainder of an existing term. The nature of the appointments is therefore transitional,” said Macpherson.
The Minister also pointed out that the applicants had not raised any objections regarding the competence or qualifications of the appointed trustees. Instead, he says their challenge is limited strictly to procedural grounds.
“No objectives were raised regarding the suitability of the trustees themselves; rather, the challenge focuses solely on the appointment process,” he noted.
Macpherson Questions Legal Standing of Applicants
In a strong rebuttal, Macpherson went further to question the legal standing of Black Forum South Africa and Izwi Labantu Forum. He pointed out that the affidavits submitted on their behalf did not include the founding and authorising documents required to confirm that the individuals filing had the authority to do so.
“It is my firm belief that our answering affidavit clearly demonstrates that the application is an abuse of court processes,” said the minister.
“Furthermore, serious questions remain regarding the legal standing of the deponents to the affidavits on behalf of Black Forum South Africa and Izwi Labantu, as the necessary founding and authorising documentation was not attached.”
Macpherson has called on the applicants to withdraw the court application, describing the matter as a distraction from the essential work his department is undertaking to restore integrity and functionality at the IDT.
Ongoing Investigation into IDT Contract Irregularities
The dispute over board appointments comes as Minister Macpherson continues to investigate a controversial R800 million tender involving the supply of air purification systems to the Department of Health. The IDT was responsible for managing the contract, which ballooned from an initial R256 million to nearly R600 million, raising serious red flags.
“Despite the intimidation tactics and threats, I remain fully committed to addressing allegations of corruption and maladministration head-on,” said Macpherson during a press briefing last week.
He reiterated his commitment to restoring governance and financial integrity to the IDT.
“We must return good governance and financial stability to this entity to ensure quality social infrastructure is built across South Africa,” he said.
The court will now consider both the applicants’ urgent motion and Macpherson’s answering affidavit before determining whether the appointments should be suspended or allowed to stand pending the constitution of a new board in July.