A group acting "on behalf of the poor" were due to go to court this morning to obtain an urgent interdict against the government's plans to buy new military planes costing in excess of R6,6-billion.

Economists Allied for Arms Reduction (Ecaar) have asked the Cape High Court for the interdict against the government's plans to go ahead with "signing and concluding supply contracts" for the supply of six or eight A400M Airbus aircraft on the basis that it was "constitutionally unlawful".

Ecaar South Africa head Terry Crawford-Browne said in an eight-page affidavit handed in with the interdict application that he was bringing it "in the public interest" and "on behalf of poor people".

He said it was evident from media reports that tender processes had not been complied with, as required by the constitution.

Since the surprise announcement on Thursday by the Transport Department, the plan to buy the expensive planes has caused a stir.

On Friday, the Democratic Alliance asked for the deal to be suspended pending parliamentary scrutiny.

Crawford-Browne said the reason for his court application was the "negative economic impacts of expenditures on armaments" and that the motivation for it "fails the stipulation that government procurements must be conducted in accordance with a system which is fair, equitable, transparent, competitive and cost-effective".

His application is also directed at the ministers of transport, public enterprises and defence.

"Recent testimony in parliament by the secretary of defence and senior generals revealed that the SANDF is in financial crisis because of the costs of the arms deal and consequently cannot afford to maintain even its existing equipment."

"Even more bizarre is the acknowledgement of an equipment mismatch, and that the arms-deal acquisitions are quite useless for the SANDF's peacekeeping roles in countries such as Burundi."

"It is this reality and the irrationally fallacious pretensions of economic benefits from off-sets that motivates the purchase of the Airbus A400M aircraft from European Aeronautical and Defence Systems and Airbus Military."

Crawford-Browne has made several attempts to have the original arms deal cancelled, which have all been dismissed.

DA trade and industry spokesperson Dr Enyinna Nkem Abonta said the intended acquisitions raised important questions about procurement.

"Has the government followed the procurement policy recommended in the Joint Investigative Team's report on the first arms deal?" he asked.

He also wanted to know whether the Treasury had made allowances for the impact of the procurement on the current account and whether the Industrial Participation Control Committee had approved the industrial participation component of the latest deal.

The Department of Transport announced that "negotiations are under way between the government and Airbus Military to determine the terms of agreement for the country's participation".

"Of critical importance to the government is the fact that the A400M programme provides the country with the opportunity to meet its growing international obligations, particularly in regard to peacekeeping and support, disaster relief and management, and a range of other civil, commercial and military missions," said Ian Phillips, Transport Minister Jeff Radebe's adviser.

In the past three years, Phillips said, the department had spent more than R100-million to contract privately owned airlift companies to deploy personnel, resources and material into certain African peacekeeping operations as the small fleet was inadequate and needed replacement by 2010.

With acknowledgements to Christelle Terreblanche and The Star.