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Monday, 12 February 2024 14:19

ConCourt orders ANC to release cadre deployment records within five days.

By Lehlohonolo Lehana.

The Constitutional Court has refused to grant the African National Congress (ANC) further legal appeals in the ruling party’s bid to keep its cadre deployment records out of opposition hands.

On Monday, ConCourt ruled that "it is not in the interests of justice for leave to appeal to be granted', and dismissed the ANC's application with costs.

"The Constitutional Court has considered the application for condonation and the application for leave to appeal and has concluded that, although the application should be dismissed as it is not in the interests of justice for leave to appeal to be granted, the delay in bringing the application for leave to appeal is minimal, the explanation for the delay is adequate and there is no prejudice to the respondent. Consequently, condonation is granted, but leave to appeal must be refused as it is not in the interests of justice to hear the matter," read the judgment.

The ruling comes after the ANC approached the apex court in an effort to overturn earlier judgments by the High Court and the Supreme Court of Appeal, which both ruled in the DA's favour.

The DA filed legal papers against the ANC last year to have the governing party's cadre deployment policy declared unconstitutional and unlawful.

It believes the ANC's policy to reward loyal members has come at the cost of delivery for the rest of South Africa and wants the policy scrapped from the ANC's books.

The DA's Leon Schreiber says the latest ruling will force the ANC to reveal exactly how the so-called cadre deployment committee laid the foundation for state capture by interfering in public appointment processes.

"It also sets a powerful new precedent that empowers all South Africans to use the Promotion of Access to Information Act to force the ANC to reveal how it interferes in appointments.

"The DA encourages any South African who has been overlooked for a public sector job to use this precedent to force the ANC to reveal how it uses cadre deployment to block skilled applicants from being appointed in order to favour its chosen cadres.

"The case is also of historic significance in the ongoing battle against state capture. The records are set to reveal, once and for all, that President Cyril Ramaphosa was personally involved in the state capture project in his capacity as cadre deployment chairman.

The State Capture Commission has already confirmed that the ANC deployment committee was a key cog in the machine that corrupted and collapsed the public sector because it was this committee that illegally intervened to ensure the appointment of the people who captured the state, added Schreiber.

Meanwhile the party laid criminal charges against Deputy President Paul Mashatile, its leader John Steenhuisen said on Monday outside the Cape Town Central police station. 

The case related to media reports implicating Mashatile in corruption during his time as Human Settlements MEC in Gauteng.

Earlier this month, the DA urged Ramaphosa to fire his deputy while delivering a so-called dossier containing various allegations to the Union Buildings. 

Steenhuisen said the party wants to meet with the Hawks to discuss the allegations against Mashatile. 

"We're already involved in an investigation into several other matters relating to the deputy president, and we will seek to supplement their particular case with the matters that we’ve outlined in a charge sheet. 

"We've converted all of the allegations that emerged from the journalist exposé of the deputy president but also some of the work that we've been doing around getting to the bottom of some of these things that have happened. These have now been turned into a formal charge sheet, which will be logged with the SAPS."

Steenhuisen said the time has come for Ramaphosa to break his silence, as a huge scandal is enveloping the Presidency. 

"You cannot stand before the nation at the State of the Nation Address and talk about combating corruption and getting to the bottom of graft, and eliminating state capture in the country when the very person occupying the office across from you at the Union Buildings has himself got the serious cloud over his head, and that 97 of your own colleagues remain without any consequence for the exposure and the incredible work done at the State Capture Commission to get to the bottom of state capture."

Read the full judgement here: ANC cadre deployment records judgement