The ANC has filed an affidavit appealing the contempt of court ruling by the High Court in Johannesburg earlier this month.
This after the court found the ANC in contempt when it failed to hand over all its cadre deployment records. The records were sought by the DA.
In their affidavit, the ANC outlined several grounds for appeal. They argued that the court misdirected itself by finding them in contempt. There was no evidence of malice or unlawfulness in their conduct, they added.
They further contended that the court’s requirement for informing data subjects about the court order was inconsistent with its finding on the absence of malice.
Protection of Personal Information Act (POPIA)
The ANC also challenged the court’s interpretation of the Protection of Personal Information Act (POPIA). It argued that the court failed to consider the peremptory nature of certain provisions. The court also misunderstood the purpose of the legislation, the party added.
Furthermore, the party disputed the necessity of the ANC president’s affidavit. It pointed out that the DA had abandoned their request for information.
In response to the appeal, DA MP Leon Schreiber, leading the cadre deployment case, said the ANC’s move was an act of fear.
He asserted that the ANC’s appeal reflects their fear of revealing President Cyril Ramaphosa’s involvement in corruption. The cadre deployment corruption as implicated in state capture by the Zondo Commission, he said.
Nothing but act of fear, says DA
“The ANC’s latest application for leave to appeal confirms that the party is terrified of the implications … from revealing Ramaphosa’s complicity in cadre deployment corruption. [This is] a system found by the Zondo Commission to have ‘facilitated state capture’,” he said.
Schreiber emphasised the DA’s unwavering commitment to pursuing the matter. He stated that they would continue their efforts to hold the ANC accountable. Schreiber also warned of further escalation, including potential criminal contempt charges. These will be laid against ANC officials if the party persists in defying court orders.
“The ANC needs to understand that the DA will never relent on this matter. Because it is foundational to our mission to rescue South Africa.
“Should the ANC continue to hold the court in contempt after its latest doomed appeal fails, the DA will not hesitate to further escalate our war against cadre deployment. [This] by applying to send Mbalula and other ANC officials to prison for criminal contempt of court.”
