The ANC must provide its whole cadre deployment records going back to January 2013, after the Constitutional Court ruled in favour of the DA.
The long-running legal battle, which the DA initiated in an attempt to expose the ANC’s “dirty cadre secrets”, came to a head with the decision handed down on Monday.
Earlier rulings by the Gauteng High Court and the Supreme Court of Appeal upheld the DA’s contention that transparency regarding the ANC’s cadre deployment committee’s influence on public sector appointments was essential.
The Constitutional Court, while excusing procedural irregularities, refused to grant permission to appeal, stating that it was not in the interests of justice.
Costs for legal proceedings
The ANC has been ordered to cover costs associated with the legal proceedings.
“The Constitutional Court has considered the application for condonation and the application for leave to appeal and has concluded that, although the application should be dismissed as it is not in the interests of justice for leave to appeal to be granted, the delay in bringing the application for leave to appeal is minimal, the explanation for the delay is adequate, and there is no prejudice to the respondent,” reads the judgment.
“Consequently, condonation is granted, but leave to appeal must be refused as it is not in the interests of justice to hear the matter. The court has decided to award costs.”
The records demanded encompass a variety of documents, including minutes from cadre deployment committee meetings, WhatsApp conversations, e-mails, and CVs.
Leading the charge on this issue was DA MP Leon Schreiber, who started the legal action after his 2021 Promotion of Access to Information Act application for the cadre deployment records was turned down.
Schreiber argued that the governing party’s cadre deployment policy played a significant role in fostering corruption and state capture, making transparency in this matter of paramount importance to the public.
According to Schreiber, the ANC now has five working days to hand over all relevant documents.
“The ANC has run out of roads and must now expose the secrets it was so desperate to hide,” he said.
Schreiber hailed the ruling as a victory for transparency and democracy, empowering citizens to hold the ANC accountable for its practices.
“The DA encourages any South African who has been overlooked for a public sector job to use this precedent to force the ANC to reveal how it uses cadre deployment to block skilled applicants from being appointed in order to favour its chosen cadres,” he said.
Efforts to obtain a comment from ANC spokesperson Mahlengi Bhengu-Motsiri were fruitless.
- The story will be updated when a comment from the ANC has been received