The ANC will not accede to a ruling by the high court in Johannesburg to hand over its cadre deployment records to the DA.
This after the high court ruled on Thursday that the ANC’s decision to deny the opposition party access to information is unlawful and invalid. The court also dismissed the ruling party’s defence with costs.
The ANC was given five days within which it needs to release the records dating back to 2013 for perusal by the DA.
However, the ruling party has said it intends to appeal the ruling, noting that it will convey its position at a later stage, should there be a need.
“The African National Congress intends to appeal the decision of the Johannesburg High Court in relation to the application brought by the official opposition party seeking records of our national deployment committee since 2013, under the Promotion of Access to Information Act,” the ANC said in a statement.
“The ANC may in due course consider conveying its full position on the matter should such a need arise, after having obtained conclusive advice from its legal team.”
The DA said on Friday it is not surprised that the ANC intends to appeal the court’s ruling.
According to DA spokesperson on public service and administration, Leon Schreiber, this is confirmation that there are many skeletons buried within the cadre deployment records.
Schreiber said the opposition party is not hitting panic button, because President Cyril Ramaphosa’s dirty laundry will be hanged in public. Ramaphosa was appointed chairperson to the cadre deployment committee in 2013.
Schreiber argues that if the ANC’s policies are “harmless”, the ruling party will not be trying to conceal the records.
“Aside from the desperation of the ANC’s rush to appeal this court ruling, which also directed the ANC to pay the DA’s costs in the case, there are two further reasons why the ANC’s response to the ruling is hypocritical,” said Schreiber.
“The first is that it exposes how President Cyril Ramaphosa deceived the State Capture Commission. During his testimony before the commission, Ramaphosa was questioned about the secretive nature of the cadre deployment committee he led from 2013, during the height of state capture.
“Under pressure from Chief Justice Raymond Zondo, Ramaphosa claimed that he found it ‘a proposition that is interesting to remove this shroud of secrecy. Maybe the party should be able to show its hand’.
“The fact that the ANC is now so desperately trying to hide these records from the people shows that Ramaphosa was never serious about transparency.”
Schreiber explained further: “The second reason why this desperate move is hypocritical is because the ANC, during its testimony in the DA’s separate court application to declare cadre deployment unconstitutional, claimed that this practice was part of its exercise of ‘free speech’ and ‘public debate.’
“This too is exposed as an untruth by the ANC’s appeal of this case, because secrecy is anathema to free speech and public debate.”
The complaint
The ANC is accused of appointing its cadres to significant positions in government based on loyalty and not merit and skills.
In January 2022, 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, thereby 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 has requested for relevant appointment processes to be re-run.
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 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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