By Lehlohonolo Lehana.
The Democratic Alliance (DA) and the African National Congress (ANC) faced off in the High Court in Pretoria on Monday during the opposition party’s challenge to the cadre deployment policy.
The DA’s shadow minister Leon Schreiber said the party’s aiming to have the ANC’s policy of cadre deployment declared unconstitutional and unlawful.
“This is, without any doubt, the single most important court case for rebuilding state capacity in South Africa’s democratic history. Through the evil practice of cadre deployment, the ANC illegally interferes in appointment processes to ensure that corrupt cadres are appointed on the basis of their loyalty to the ANC, rather than on the basis of merit and skill.”
Schreiber said bringing an end to cadre deployment will also help the country get rid of load shedding.
“As the State Capture Commission confirmed and as the DA revealed when we exposed minutes of the ANC’s cadre deployment committee last year, this practice forms the very foundation of state capture. Abolishing cadre deployment is therefore a fundamental prerequisite if we ever want to end load shedding and halt the collapse of state institutions.
“The urgency of this case is tragically confirmed by the ongoing electricity crisis that is destroying our country. Every time the lights go off, it is a reminder of the devastating impact that ANC cadre deployment has on hollowing-out state institutions, including Eskom.
“Just last week, ANC chairman Gwede Mantashe shamelessly made it clear that the party is dead set on, once again, illegally interfering in the appointment process of new executive leadership at Eskom. The ANC has repeatedly made it clear that it will never abolish this corrupt practice out of its own volition, because it is the very lifeblood of ANC corruption. The party has openly defied the Zondo Commission’s finding that this practice is unconstitutional.”
Counsel for the Democratic Alliance has told the high court that it has compared the ANC’s cadre deployment and development policy to a “cancer”.
It argued political parties shouldn’t be able to influence who gets appointed to public services and that the State and political parties are different entities.
During his opening address, Advocate Anton Katz for the DA was asked by Deputy Judge President Aubrey Ledwaba – who’s leading the full bench hearing the case – about potential challenges to the appointments of those who’ve already been placed in office under the policy.
Katz responded that while the appointments could potentially be challenged that’s not what the DA’s case is about.
Rather, he said, it’s about addressing the root issues.
Katz added that they’re in court to “chop down the fact that the ANC can think it can have any influence” on appointments.
He further said the “cancer” needs to be removed “so there can be a clean body going forward” and a distinction between party and State.
AfriForum has thrown its weight behind the DA’s legal challenge to the ANC’s cadre deployment and development policy.
Counsel for AfriForum Mark Oppenheimer opened his address with a quote from Lord Acton: “Power tends to corrupt and absolute power corrupts absolutely.”
The organisation supports the DA’s case.
AfriForum argued the ANC’s cadre deployment and development policy “unashamedly exposes the party’s ambitions to seize total control over every aspect of the State”.
Among the lobby group’s arguments is that the policy is discriminatory.
It argues those who support other parties are unlikely to be appointed – and so the policy discriminates against them on the grounds of their beliefs.
ANC meanwhile defended its cadre deployment policy saying the party is allowed to give input on government appointments.
In its reply to the court challenge by the Democratic Alliance, the ANC said all political parties had the right to make suggestions on who should be appointed to key positions in the public service.
Advocate Les Morrison, ANC’s counsel, told the Pretoria High Court on Monday that the ruling party’s deployment committee expected the government to apply its own criteria when making appointments.
The ANC recognises that when one is appointed to government, the first duty is to government and that conflicts of duties must be resolved to government.
“That is a necessary incidence of employment and employees are obliged to devote their full time and attention to employer and government’s interests, whether government is the employer, to serve all people equally and they are not identical to party interests.”
Morrison also argued that the ANC was practicing its right to freedom of speech when it indicated which candidate it wanted, adding that the party only does so as a recommendation to government.
“What the DA is doing is trying to limit the rights of political parties, including itself, to say who they would like in public service because their version of the case and in their interpretation of the law, one can come to court and say I don’t like what they are saying so stop them because I think it contravenes a provision of the Constitution because it undermines democracy in some amorphous way.
But it doesn’t [because] it is not part of the prohibited categories of [free] speech and it is sacrosanct.”
The case will continue in court on Tuesday.
Watch Live in the Video Below:
Video Courtesy of SABC.