The DA will seek legal certainty before its policy conference in April, as it is not clear who will have the final say on key policy issues such as its stance on race and redress.
The party will go to its policy conference at the beginning of April, which will be followed by an elective congress at the end of May. But it still does not yet know who will have the final say on policies that will be discussed in April.
The DA had its worst showing in the 2019 national election, declining from 22.23% in the previous poll to 20.77%, prompting the establishment of a review panel whose report prompted former leader Mmusi Maimane to quit the party.
Among other things, the review report found a lack of clarity on the party’s vision and direction, confusion about the party’s position on key issues, deep divisions in the national caucus and a breakdown in trust between Maimane and some of the party’s structures.
The issue of race was also one of the many reasons why Maimane left the party.
On Sunday, DA interim chair Ivan Meyer told Business Day that the party’s federal council had asked for a legal opinion to determine which body would have the final say on the policies — the policy conference or the national congress.
That clarity is important as the DA’s constitution provides that only members of the federal council may vote at this augmented meeting.
The federal council is also smaller than the national congress. If the final say falls to the federal council, it will mean fewer party members could end up being the final arbiters on some of the most controversial policy decisions in the party.
The policies under discussion include the DA’s values and principles, in which nonracialism is a key aspect, as well as its economic justice policy that would flesh out exactly what the DA proposes on redress.
These policy decisions are key, as they would indicate which direction the DA takes after a damning election loss in May 2019.
The party is hoping to avoid a repeat in the 2021 local government elections.
Meyer said the decision to ask for a legal opinion arose as there was some "ambiguity" on this. He said the party’s constitution, on the one hand, said a policy conference decided on policy issues.
On the other hand, it also said the federal congress was the highest decision-making body in the party and the highest authority on its policies.
"So we just want to make sure that we have absolute legal clarity, because we don’t want any confusion, and we will soon be making an announcement in this regard," he said.
Where the policy decisions are adopted could also have an effect on the party leadership campaigns, which have
already begun.
The campaigns to lead the party have so far been centred on the policy positions taken on by the candidates.
Interim leader John Steenhuisen has released an entire manifesto detailing exactly what he stands for, while firebrand KwaZulu-Natal MPL Mbali Ntuli was clear on her stances at the launch of her campaign.
Gauteng DA leader John Moodey is set to launch his campaign on Monday.
Nominations for the various leadership positions, which will be elected during the national congress, close on May 9.
Meyer said the party’s federal council had also resolved to obtain a legal opinion to clarify the composition of the delegates to the congress to ensure there was absolutely no confusion about who qualified as a delegate in good standing.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.