In a landmark ruling that could shake up the ANC and herald a new era of meritocracy in public service, the apex court has thrown out the party’s appeal against a high court order to disclose its records of appointing loyalists to key public sector posts.
In a short judgment on Monday, the Constitutional Court said the "application should be dismissed as it is not in the interest of justice for leave to appeal to be granted". This means the case to keep records of meetings of the ANC cadre deployment committee away from the DA did not warrant the attention of the top court.
The ANC must now hand over the records of its cadre deployment committee meetings since January 1 2013, when President Cyril Ramaphosa became chair. It has five days from Monday, when the judgment was handed down, to hand over the records to the DA.
The ruling could have far-reaching implications for the ANC and the country’s politics. The records could reveal the extent of ANC interference and patronage in the public service and potentially implicate some of its leaders in wrongdoing.
The DA has long challenged the ANC’s cadre deployment policy. It and other opposition parties could use the information to expose the ANC’s failures and scandals and challenge its electoral dominance. The ANC is heading for its worst performance yet, according to several polls pointing to a dramatic shift in SA’s political landscape amid widespread discontent over endemic corruption, poor service and a stagnant economy.
In September, the Supreme Court of Appeal dismissed ANC attempts to appeal against two orders of the high court in Johannesburg that it hand over records of its cadre deployment committee to the DA.
DA MP Leon Schreiber said the party was still awaiting a high court finding that the practice of cadre deployment was unconstitutional and unlawful.
"Cadre deployment is not a victimless crime. It lies at the heart of state capture and corruption. It is also the root cause of the collapse in state capacity, because it enables the ANC to appoint people in the public sector on the basis of loyalty to the party, rather than on the basis of merit and skill," said Schreiber.
"This destroys the capacity of the state to deliver services, rendering cadre deployment as a key cause of crises like load-shedding, water-shedding, infrastructure collapse and economic decline."
The ANC has defended cadre deployment as a way of transforming the public service and advancing the interests of the black population. Opposition parties have blamed the practice for service delivery failures, with fingers pointed at the ANC for placing appointees in critical roles in departments, agencies and enterprises who often lack the skills, training and experience to run them.
In the final part of the state-capture report issued in June 2022, chief justice Raymond Zondo declared the policy to be unconstitutional and illegal. The policy was widely criticised at the commission. Evidence leaders suggested it was one of the foundations of corruption and inefficiency in the government and state-owned enterprises.
"The ANC has noted the judgment of the Constitutional Court on cadre deployment, which is a practice not exclusive to the ANC both in SA and abroad. The ANC will study the judgment to ensure that it is adhered to accordingly," said spokesperson Mahlengi Bhengu-Motsiri.
Update: February 12 2024
This story has been updated with new information.
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