By Lehlohonolo Lehana.
The African National Congress (ANC) says it intends to appeal the judgment of the High Court in Johannesburg which found it in contempt of a February 2023 ruling on the declaration of cadre deployment records.
This after the court found the ANC in contempt when it failed to hand over all its cadre deployment records. The records were sought by the DA.
Earlier this month, in an action brought by DA MP Leon Schreiber, the ANC and the party’s secretary-general Fikile Mbalula were found to be in civil contempt of court for failure to hand over all the documents relating to the time when President Cyril Ramaphosa chaired the deployment committee.
The ANC, Mbalula and strategic support manager in the deputy secretary-general’s office, Thapelo Masilela, said in papers the high court was misdirected in its ruling.
Schreiber had failed to prove his case on a balance of probabilities and there was no act of unlawfulness by the party, they said.
There was also no proof they had shown any bad faith or intent to deceive.
“These attributes are not present in the ANC;s handling of the matter. The ANC instead processed information which it had and explained its reasons for redacting some documents, and explained the non-existing records of 2013 to 2018. The latter could not be disputed by [Schreiber], and he ended up conceding to same. This cannot be mala fides [bad faith].”
The ANC also challenged the court’s interpretation of the Protection of Personal Information Act (POPIA). It argued that the court failed to consider the peremptory nature of certain provisions. The court also misunderstood the purpose of the legislation, the party added.
Furthermore, the party disputed the necessity of the ANC president’s affidavit. It pointed out that the DA had abandoned their request for information.
Schreiber confirmed the DA has received notice from the ANC that it has applied for leave to appeal the ruling, and said the opposition party would continue to fight for all the records to be made public.
He asserted that the ANC’s appeal reflects their fear of revealing Ramaphosa’s involvement in corruption. The cadre deployment corruption as implicated in state capture by the State Capture Commission, he said.
“The ANC’s latest application for leave to appeal confirms that the party is terrified of the implications … from revealing Ramaphosa’s complicity in cadre deployment corruption. [This is] a system found by the Commission to have ‘facilitated state capture’,” he said.
Schreiber emphasised the DA’s unwavering commitment to pursuing the matter. He stated that they would continue their efforts to hold the ANC accountable. Schreiber also warned of further escalation, including potential criminal contempt charges. These will be laid against ANC officials if the party persists in defying court orders.