Judge Colleen Collis said the RAF conceded that nothing would stop it using its public platforms to explain the nature of the impasse between itself and the AG.
“The irreparable harm the RAF might suffer must be juxtaposed against the constitutional and statutory framework within which the AGSA is required to operate.”
In terms of the Public Finance Management Act, it is the responsibility of the executive authority — the minister of transport — to table the RAF’s annual report, annual financial statements and the AG's report on those statements within one month of submissions to parliament.
“It will be within the power of the executive authority to table these or to accede to the RAF’s request or defer the tabling until February 28 2022, provided that the executive tables an appropriate explanation to parliament that sets out the reasons for the delay.
“In addition, and in terms of the requirements of section 21(3) of the Public Audit Act, in the event of an audit not being tabled in parliament within one month after its first sitting after the report has been submitted, the AGSA has a statutory obligation to promptly publish the report,” Collis said.