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By Marizka Coetzer


DA to appeal ruling on cadre deployment defeat

After High Court defeat, DA plans appeal over ANC deployment policy ruling, citing concerns over constitutional legality.

The Democratic Alliance (DA) intends to appeal a ruling relating the deployment policy of the ANC, after suffering defeat in court.

The High Court in Pretoria yesterday dismissed the DA’s application with costs, ruling in favour of ANC.

The opposition party’s case, which sought to have cadre deployment declared unconstitutional and illegal, was heard for two days in February last year, with the judgment reserved.

End deployment through voting

DA leader John Steenhuisen said yesterday South Africans had the opportunity to put an end to the cadre appointment by voting on 29 May. He said there was no cadre deployment in the DA.

“There never has been or will there be,” he said.

DA MP Dr Leon Schreiber said the DA has been fighting against cadre deployment since its introduction at the ANC’s national conference in Mahikeng in 1997.

He said the dry taps, power blackouts and failure of infrastructure were all consequences of cadre deployment.

ALSO READ: ‘Errors in law’ – DA to appeal cadre deployment ruling as ANC slams party’s ‘hypocrisy’

‘Legally unsound and hypocritical’

In welcoming the judgment, ANC national spokesperson Mahlengi Bhengu-Motsiri yesterday said the DA’s application was both legally unsound and hypocritical.

She said the ANC stood with the position presented by President Cyril Ramaphosa to the Zondo commission that the practice of cadre deployment should not be inconsistent with the principles of fairness, transparency and merit in the appointment of individuals to public entities.

“Cadre deployment cannot be faulted in principle [as] it is a common feature of democratic practice around the world.

“But we would concede that there are weaknesses in its practical implementation that make the case for greater clarity, both within political parties and the state,” said Bhengu-Motsiri.

She said the ANC’s 54th national conference in 2017 recognised this problem and resolved that “the merit principle must apply in the deployment to senior appointments based on legislated prescripts and in line with the minimum competency standards.

“Accordingly, in pursuit of building a united, nonracial, nonsexist, democratic and prosperous society, the ANC will continue implementing its cadre development policy and deployment strategy to ensure that individuals with impressive qualifications, experience and credentials are deployed to build a better life for all South Africans,” she said.

Non-ANC members deprived of job opportunities

AfriForum campaign officer Louis Boshoff said cadre deployment deprived non-ANC members of job opportunities, in contravention of the constitution.

ALSO READ: Court rules in favour of ANC in cadre deployment policy case

He said cadre deployment was the political engine through which the ANC ensures that its policy is carried out to the extreme in the public sector, and that its misuse has resulted in several catastrophes, including large-scale corruption and state capture.

“The court left the door wide open for the ANC to now blatantly show its true communistic colours,” said Boshoff.

“The ANC now has the opportunity to completely erase the already blurred line between government and ruling party and pave the way for further discrimination and self-enrichment.”

Not the end of the road

Political analyst Piet Croucamp said he suspected the case may be heard in another court. “I don’t think this is the end of the road.

“The DA is on a good wicket, and it’s an important wicket to test the constitution and legislation to make provision for political appointments.

“But it’s also very clear on the independence of certain appointments,” he said.

“If I was the DA, I would keep on going,” he said.

ALSO READ: ANC cadre deployment documents accessible to the public, says DA

Additional reporting by Molefe Seeletsa

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