Government received the go-ahead to sign the R11bn military transport aircraft deal with Airbus following the dismissal by the Cape High Court of an urgent interdict by Economists Allied for Arms Reduction (Ecaar).

Ecaar had attempted to block the purchase in court , arguing that it was unconstitutional.

But in an opposing affidavit, defence department director general January Masilela said all macroeconomic issues were matters which fell within cabinet's and government's prerogative.

"It is government's duty to make choices. Sometimes the choices made are not always accepted by all sections of the population," said Masilela.

He said the courts may only interfere where the exercise of public power by government was unreasonable or irrational.

No case of irrationality on the part of government had been made in this case, he said.

Presenting his ruling, judge Deon van Zyl said it was clear that procurement of the aircraft would only take place in 2010 and continue to 2014 "and much can happen before then".

He said that one could only speculate at this stage as to what the circumstances would be when it came to the procurement of aircraft. The courts could not make decisions on speculative situations, but "only on facts and the law".

Van Zyl dismissed the application, saying that Ecaar had sought relief on incorrect grounds to stop SA from signing contracts leading to the procurement of aircraft while government was only signing a "declaration of intent" to participate as a partner with European Aeronautical Defence Systems and Airbus Military in the design and development of the Airbus A400M, along with a number of other countries.

Government announced last week that it planned to buy up to 14 transport planes worth about R11bn as part of plane manufacturing programme spearheaded by European manufacturer Airbus.

The programme, founded by seven European countries, is scheduled to begin delivering of about 180 planes in 2009.

Van Zyl's decision means that Denel and any other South African company, through their involvement with big international players in the aerospace industry, might be invited in future to participate in other projects, Masilela said .

The opposition Democratic Alliance yesterday stepped up efforts to have the deal reconsidered, with its leader Tony Leon calling for the reconvening of parliament to debate what it called the "secret arms deal".

Parliament is currently in recess and to recall 400 MPs would be hugely expensive involving airfares for all but those MPs who live in Cape Town.

Only the president and the speaker have the authority to recall Parliament for a special session.

Leon said he had asked his chief whip Douglas Gibson to request for a special session from Speaker Baleka Mbete.

"Government must not be allowed to spend taxpayers money in a new arms deal which apparently has not followed standard procurement procedures, has not been put out to tender and has not been considered by parliament."

With acknowledgements to Wyndham Hartley, Chris van Gass and the Business Day.