The ANC has suffered another blow in the party’s bid to conceal cadre deployment records sought by the official opposition.
The Johannesburg High Court on Tuesday dismissed the ANC’s application seeking to appeal a ruling that compelled the party to hand over the records to the DA in February.
The high court ruled at the time that the ANC’s decision to deny the federal party access to information on the deployment committee dating back to 2013 was unlawful and invalid.
The ANC was given five days within which it needs to release the records dating back to 2013 for perusal by the DA, however, it refused to concede and took the matter back to court.
The party now has five days to finally surrender.
The dispute
The ANC is accused of appointing its cadres to significant positions in government based on loyalty and not merit and skills.
In January 2022, DA MP Leon Schreiber lodged a formal complaint with the Public Service Commission (PSC) following revelations contained in minutes of the ANC’s deployment committee.
This came shortly after the DA called for a thorough investigation into cadre deployment minutes, thus requesting the PSC to probe every appointment mentioned in the minutes.
Where irregularity or illegality in making the appointments is confirmed, the DA said it had requested for relevant appointment processes to be rerun.
The minutes, spanning a period between 2018 and 2020, reveal the party’s determination to guarantee that key state positions are filled by approved individuals.
They further show the party’s committee deliberating over individuals to fill positions in entities including the Road Accident Fund, as well as top posts in government departments.
Schreiber said at the time that the minutes clearly show that “loyalty to the ANC is a key criterion for appointment”.
However, the ANC would not budge.
In January, Schreiber launched a legal battle that sought to have the alleged corruption of cadre deployment declared unlawful and unconstitutional.
“This is, without any doubt, the single most important court case for rebuilding state capacity in South Africa’s democratic history,” said Schreiber at the time.
“Through the evil practice of cadre deployment, the ANC illegally interferes in appointment processes to ensure that corrupt cadres are appointed on the basis of their loyalty to the ANC, rather than on the basis of merit and skill.
“As the Zondo Commission confirmed and as the DA revealed when we exposed the minutes of the ANC’s cadre deployment committee last year, this practice forms the very foundation of state capture.
“Abolishing cadre deployment is, therefore, a fundamental prerequisite if we ever want to end loadshedding and halt the collapse of state institutions.”
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