The Democratic Alliance (DA) has argued in the North Gauteng High Court that the African National Congress’ (ANC) Cadre Deployment Policy is unconstitutional. Its lawyers are contending that a political party according to the law may not recommend appointments to the public service as the apex law of the country requires that the civil service be professional and free from political interference.
The party also argues that the policy distorts the distinction between the party and the state as it treats the ANC as an extension of the executive.
Counsel for the DA Anton Katz told the North Gauteng High Cout that it believes that the analysis by Chief Justice Raymond Zondo into the ANC’s Deployment Policy is correct and hopes the court will take into account.
“What the commission finds is that it is unconstitutional in our current political, sorry, legal environment, constitutional and statutory for any political party’s recommendations influence to be taken into account in the appointment of any of the officials we are talking about here. Now obviously that is not binding and the analysis is not binding. But we recommend the analysis and we align ourselves with the analysis and description of the law.”
The DA contends that contrary to the ANC’s statements that it simply recommends appointments to the public service and state owned enterprises, it does in fact dictate who government should employ.
“They say no no no we just recommend we don’t dictate that’s what they say with the front of the mouth but deep in the throat they say, ‘hah you state if you do not do what we tell you to do there will be consequences my friend,’ that is not recommending that is dictating. And I’ll explain to you what they say, not what we say. Because we don’t know they do all. The DA is seeking to persuade the North Gauteng High Court to declare the ANC’s Cadre Deployment unconstitutional and have it set aside,” says Katz.
The DA’s arguments were followed by interest group Afriforum which sought to persuade the court that the ANC’s cadre deployment policy is racially discriminatory.
DA faces ANC in court over cadre deployment policy:
In response, the ANC says that it is merely practising its right to freedom of speech when it indicates who it wants to be appointed to a position in the public service and does so only as a recommendation to government.
It says that it is wrong for the DA to blame its deployment policy for the ills in the country with Counsel for the ANC Les Morison saying that the policy is not tantamount to corruption.
The ANC has further accused the DA of making assertions about the unlawfulness of its Cadre Deployment policy based on hindsight. The DA in its arguments has fingered a number of ANC deployees, now former employees, who are alleged to have been involved in state capture and corruption as evidence of the undesirablility of the policy.
The deployees include former Transnet CEO Siyabonga Gama, Eskom executives Anoj Singh and Brian Molefe, Prasa’s Lucky Montana and SARS’ Tom Moyane.
Counsel for the ANC Mfundo Salukazana says that this is wrong on the DA’s part.
“The DA’s entire case is misguided because it is looking after the fact. It is saying you were appointed you turned out to be corrupt it means that the ANC always knew that you were always corrupt. The fact that a deployee does not turn to be as ethical as the ANC hoped, that they would be, does not one take away their qualification but a faltering and an abdication of their duties in breach of their duties. ”
DA vs ANC court battle over cadre deployment:
