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

The Democratic Alliance (DA) says it intends to appeal a ruling relating the deployment policy of the African National Congress (ANC) after suffering defeat in court.

On Wednesday, the Gauteng High Court in Pretoria dismissed the DA’s application with costs, thus, ruling in favour of ANC in the litigation.

The DA’s case, which seeks to have cadre deployment declared unconstitutional and illegal, was heard by the high court for two days in February last year, with the judgment being reserved at the time.

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The court has since ruled that there was “a bright line” between the ANC and the state.

“It goes without saying that influencing government decisions is not the same as political meddling in the affairs of government,” the judgment reads.

The court also found that there was nothing unconstitutional about a political party influencing the policy direction of a government, including senior appointments in the public sector, “so long as the public service is protected against being misused for partisan purposes”.

‘Significant underestimation’

Speaking to the media on Wednesday, DA leader John Steenhuisen said his party was disappointed by the outcome of the case.

“We respect the judgment, however, we do believe that a number of errors in law and interpretation have been made in this particular judgment,” he told reporters outside the court,.

Steenhuisen said the fact that the court ruled there was a clear distinction between ANC and government was “a significant underestimation of the scourge of cadre deployment and its terrible effects” on the country.

“It also flies in the face of the comments of made by the then Deputy Chief Justice [Raymond] Zondo at the [State Capture] Commission, who said it should be illegal for anybody to influence the appointment of people based on nothing other than their party affiliation.”

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The DA leader said his party maintained that the practice of cadre deployment was in violation of the Constitution.

He also pointed out that the meeting minutes of the ANC’s deployment committee showed that the ruling party influenced key appointments in the judiciary and government.

“This is a clear violation of the principle of separation of powers and we believe the court has not taken the terrible effects of cadre deployment into account in this particular matter.

“Cadre deployment is not some benign practice that inflicts no harm, it is a malignant practice that has affected and bedeviled every aspect of the state,” Steenhuisen continued.

Watch the press conference below:

Steenhuisen said he believed the current conditions of state-owned enterprises (SOEs) such as Eskom and Transnet was a result of cadre deployment.

“You can track back the terrible appointments made to these key institutions that have hollowed them out so dramatically that they are unable to perform even their most basic of functions.

“Ports that cannot operate effectively. A electricity generator and supplier that cannot generate or supply electricity.”

Appeal

The DA leader confirmed that the party would appeal the matter all the way to the Constitutional Court (ConCourt).

“Our legal team is busy as we speak, digesting the judgment. But we will appeal it to the SCA [Supreme Court of Appeal] and potentially directly to the Constitutional Court. We believe there can be no greater constitutional imperative than to deal with this particular matter and its effect on South Africa.”

Furthermore, Steenhuisen stressed that cadre deployment would continue to undermine the state and cause great harm to South Africans and their prospects for the future if supported in its current form.

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He said that the “silver bullet” to end cadre deployment was the national and provincial elections, which President Cyril Ramaphosa announced on Tuesday.

South Africa will go to the polls on 29 May.

Steenhuisen added the DA will table a bill in Parliament to end cadre deployment should the party win in the elections.

The DA’s Public Administration Laws General Amendment Bill, which sought to address the political influence within the public sector, was rejected after a vote in the National Assembly in September 2023.

‘Legally unsound’

ANC secretary-general Fikile Mbalula has since reacted to the ruling.

“The Pretoria High Court’s ruling on ANC cadre deployment is a win for political party autonomy and ensures that public institutions are staffed by those who align with the ruling party’s policies and goals,” he said on X, formerly known as Twitter.

Meanwhile, the ANC released a statement, saying the DA’s case was “legally unsound as well as hypocritical”.

The party has also made its deployment committee records public after the ConCourt ordered it to hand over the documents to the DA last week.

The records dating back to 2013 include meeting minutes, emails and WhatsApp conversations.