The South Gauteng High Court in Johannesburg has ordered the African National Congress (ANC) to hand over its cadre deployment committee records to the Democratic Alliance (DA).
DA vs ANC
The judgment was handed down on Thursday in the DA’s legal battle against the governing party’s cadre deployment policy.
In its ruling, the court found that the ANC’s refusal to make public minutes, WhatsApp conversations, email threads, CVs and all other records of its cadre deployment committee was “unlawful and invalid.”
DA MP and spokesperson for public service and administration, Dr Leon Schreiber, described the judgment as “historic”.
He said the ANC was ordered to surrender, within five days, all of the documents – under the Promotion of Access to Information Act – dating back to 2013 when President Cyril Ramaphosa became the chairperson of the committee.
The ANC was also ordered to pay the official opposition party’s costs in the case.
Powers of cadre deployment committee
Schreiber said the judgment dealt a fatal blow to the ANC’s claim that the committee’s recommendations were non-binding.
“It also affirmed the importance of parliamentary oversight, holding that the DA’s efforts to end cadre deployment in Parliament ‘necessitates the disclosure of facts in relation to the appointment of individuals’. In sum, the court ruled that the DA ‘has set out, and prima facie established, the right which is sufficient proof for an applicant to result in his entitlement to access the record’,” he said in a statement.
“Thursday’s ruling is a historic victory by the DA for transparency and the rule of law in South Africa.
“It creates new jurisprudence confirming that political parties are not elevated above the constitution, and makes it clear that politicians who corruptly interfere in affairs of state cannot hide behind a veil of secrecy.”
ANC to appeal ruling
ANC national spokesperson Mahlengi Bhengu-Motsiri said the party would appeal the high court’s ruling.
“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,” said Bhengu-Motsiri in a statement.
The DA has also approached the North Gauteng High Court in Pretoria to declare the ANC’s cadre deployment policy unconstitutional and illegal.
The party believes the ANC’s policy is inconsistent with the country’s constitution and the Public Service Act and has enabled state capture and corruption.
Compiled by Thapelo Lekabe
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