By Lehlohonolo Lehana.
Judgment in the Democratic Alliance (DA)’s high court challenge of the African National Congress (ANC)’s cadre deployment policy has been reserved.
A full bench of the Pretoria High Court – led by Deputy Judge President Aubrey Ledwaba – has been hearing arguments in the case over the last two days.
The court on Monday heard from the DA and AfriForum, which supports the DA’s case as a friend of the court.
The court also heard from the ANC, which is opposing the application.
On Tuesday, the court also heard from President Cyril Ramaphosa – who’s cited as a respondent in his capacity as the president of the country and is, too, opposing the application as well as the Minister of Public Service and Administration.
Arguments wrapped up with closing arguments from the DA.
In his closing arguments, the DA’s legal representative advocate Anton Katz told the court that the respondents misunderstood and mischaracterised the case.
He said while they’ve argued at length that – in essence – the policy is beyond the courts’ scrutiny adding that they haven’t engaged with the contents thereof.
Katz is adamant that the cadre deployment policy is indefensible.
He also rubbished the ANC’s argument that the policy is protected under the right to freedom of expression, saying the policy, in fact, violates the public’s rights to freedom of expression and a free press in that it aims to impact centres of authority and responsibility such as the media.
When it comes to concerns raised around the potential challenges to appointments already made under the policy that a ruling in favour of the DA would result in, meanwhile, Katz said this could be easily remedied by issuing an order that isn’t retrospective.
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Video Courtesy of SABC.