Pretoria - A well-known former South African diplomat in Palestine, who delivered SIM cards to Gaza, has again lost a claim against the Minister of Foreign Affairs following a recall from his posting in Ramallah.
Mohamad Rafiq “Raf” Gangat, who held the position of deputy director in the Department of Foreign Affairs, had been head of the South African mission in Ramallah but was relieved of the position.
Earlier Gangat turned to the Gauteng High Court, Pretoria, where he claimed an amount – not stated in the recent judgment – from the department. This was for loss of remuneration and allowances arising from his recall from a diplomatic posting abroad.
He accused the minister of breach of contract, stating that at the end of December 2002 he had been assigned the position in Ramallah by the then department of foreign affairs and his letter of transfer stipulated that he would remain there for four years.
Gangat said he understood this to mean that he had the contractual right to remain in Ramallah for four years.
He also understood that he had an absolute right to remain in his post, pending the outcome of any dispute arising between him and the department.
In addition, he claimed he was entitled to receive six months' notice of any intention to transfer him.
But the department said it retained the right to adjust this period if necessary. In the case of a transfer to another part of the world or a return to South Africa, he would receive three months' notice. It was also made clear to Gangat at the time that his remuneration was subject to negotiations and could be adjusted at any time.
When the court turned down his claim, Gangat took the decision on appeal, but Judge Neil Tuchten again turned him down, ruling that the department had acted within its rights.
Judge Tuchten remarked that the posting had been to a region of particular tension and conflict. He said perceptions were of great significance in this region. It should also be remembered that as head of the mission there Gangat represented South Africa.
After some months in his posting, problems arose between Gangat and some locally recruited officers stationed at the mission. It was found that he had failed to provide sound leadership to the mission and it was recommended that he be recalled.
Gangat told the court it was not his fault that the mission became dysfunctional. But the judge said it was immaterial; he was head of the mission and had to see to it that things ran smoothly.
Ramallah – a Palestinian city in the West Bank – was in a potentially volatile part of the world and if things did not run smoothly, it could give rise to diplomatic crises, the judge said. He concluded that the department had been correct in viewing the situation as serious.
The judge said it emerged that Gangat had knowingly taken SIM cards into the Gaza Strip. He did this under the cover of his diplomatic status and used a vehicle assigned to the mission for this purpose. This on its own, the judge said, justified him being recalled.
“It is hardly necessary to state how serious a breach of his duties this was. It could have seriously compromised South Africa’s stated intention to bring peace in this troubled region.”he said.
He concluded that Gangat was redeployed to South Africa, where he remained in a position as deputy director and was assigned work consistent with that position. The judge said Gangat thus did not lose out and the department had acted within its rights.
Gangat is now a media consultant living in East Jerusalem where he set up a talk radio station and he is also the author of a book Ye Shall Bowl On Grass.