By Lehlohonolo Lehana.
The African National Congress (ANC) has used its majority in Parliament to block a Democratic Alliance (DA) end cadre deployment bill in the National Assembly on Tuesday.
The Public Administration Laws General Amendment Bill was first tabled in 2021 by DA MP Leon Schreiber.
The draft legislation aims to make it a criminal offence to interfere in appointments and prohibit political office-bearers from employment in the public sector.
Furthermore, the bill further sought to enhance the financial and administrative independence of the Public Service Commission (PSC).
It also proposed to mandate the PSC to enforce merit-based appointments.
Speaking in the National Assembly on Wednesday, Portfolio Committee on Public Service and Administration chairperson Teliswa Mgweba said that through the public participation process, it was found that the bill clashed with other legislation already in the works.
Mgweba highlighted that the Public Administration Management Amendment Bill and the Public Service Amendment Bill addressed “similar aspects” the DA’s “undesirable” bill seeks to achieve.
“The Public Administration Laws General Amendment Bill mirrored the above-mentioned bills before the committee,” Mgweba said, adding that the ANC rejects the proposed legislation.
Defending his party’s bill, Schreiber cited the State Capture Commission’s findings, which concluded that cadre deployment was unlawful and unconstitutional.
The DA MP argued that cadre deployment was “a virus” which has “infected every part of our lives”.
“I invite you to simply go on to the streets and have a five-minute conversation with an ordinary citizen. You will quickly realise that the people of this country know why Eskom no longer provides them with electricity.
“They know why they cannot take the train to work, why police don’t catch criminals, and why there is no longer any water coming out of their taps. The people of South Africa understand why the social grants they need to survive are no longer paid,” he said.
Inkatha Freedom Party (IFP) MP Mkhuleko Hlengwa said legislation was only effective and functional if enforced.
“We recognised the importance of this bill in empowering the Public Service Commission to take remedial action where deemed applicable and necessary…. most importantly in prohibiting special service benefits for directors-general and HODs [Heads of Department] who get dismissed from public service due to a plethora of reasons,” he aid.
Hlengwa said it was concerning that it has “become a norm for employment in the public sector to be directly linked and influenced by a person’s political affiliation”.
Only the ANC and Pan Africanist Congress of Azania (PAC) rejected the bill with 202 votes, while 193 MPs voted in favour.
Meanwhile the ANC is now heading to the Constitutional Court to ask it to protect its cadre deployment records from being handed over to the DA.
The records encompass a range of documents including minutes from the cadre deployment committee, WhatsApp conversations, e-mails, and CVs.
The DA has argued that the records are crucial for shedding light on how ANC policies and practices influenced key appointments within state institutions.
Schreiber initiated the legal proceedings after his Promotion of Access to Information Act application for the release of cadre deployment records was denied in 2021.
He asserted that the ANC’s cadre deployment policy played a significant role in fostering corruption and state capture, making transparency in this matter paramount to the public.