DA's ‘poor' appeal on cadre deployment dismissed as ANC welcomes ruling
Entrance of the Gauteng High Court in Pretoria. Picture: Gallo Images / Alet Pretorius
The Democratic Alliance (DA) has faced another setback in its efforts to have cadre deployment declared unconstitutional.
On Wednesday, the Gauteng High Court in Pretoria dismissed the DA's application for leave to appeal a previous ruling that favoured the African National Congress (ANC).
The DA had lodged the appeal in February last year after the court ruled that political influence on government decisions was not the same as unconstitutional interference.
The court held that it is not unlawful for a political party to shape government policy or influence senior appointments in the public sector, as long as the public service isn't misused for party politics.
Court dismisses DA's appeal on cadre deployment
Delivering the latest ruling, Gauteng Deputy Judge President Aubrey Ledwaba concluded that there was no likelihood of a different outcome should another court hear the matter.
'This case, far from the DA's contentions, does not raise questions of constitutional law that are of considerable public importance,' he said.
Ledwaba rejected the DA's claim that the earlier judgment conflicted with another legal precedent, which found that appointments influenced by political considerations were unlawful.
ALSO READ: DA legal challenge to Employment Equity sparks political divide
He found that the two matters were not comparable.
'There is no need to regurgitate ten bases upon which the two cases are distinguishable.
'The upshot is that the DA failed to demonstrate compelling reasons for granting leave,' the judge continued.
He further said the merits of DA's appeal were 'poor'.
'The application for leave to appeal is dismissed,' the judgment reads.
The DA was also ordered to pay for the ANC's legal costs.
Despite the loss, DA leader John Steenhuisen previously stated that the party would pursue the matter to the Constitutional Court (ConCourt) if necessary.
ANC welcomes the outcome
The ANC has since reacted to the ruling.
'The high court's dismissal of the DA's attempt to appeal the ruling on the ANC's cadre deployment policy is yet another blow to the DA's obsession with pursuing narrow-minded political games at the expense of genuine democratic progress,' the party said in a statement.
READ MORE: Affirmative-action measures must 'not go too far', argues DA in court
'The court found, once again, that the DA's case had no reasonable prospects of success, failed to identify any unconstitutional elements in the policy, and relied on speculative, unproven allegations.'
The ANC went on to accuse the party of misusing the judiciary to score 'cheap political points'.
The party suggested the DA should instead focus on contributing to substantive policy debates and practical solutions for the country.
The ANC welcomes the judgment of the High Court in Pretoria, which dismissed with clarity and conviction the Democratic Alliance's DA application for leave to appeal a ruling on the ANC's cadre deployment policy. pic.twitter.com/P4VhXVjeOE
May 7, 2025
DA's cadre deployment records case
The DA secured a separate legal win in its ongoing battle over cadre deployment.
In February 2024, the ConCourt ruled in favour of the DA, compelling the ANC to release records from its deployment committee within five days.
These records — dating back to 2013 — include meeting minutes, emails, and WhatsApp messages, and are now in the public domain.
Although the ANC publicly released the documents, according to the DA, many were heavily redacted, and some were still missing.
As a result, the DA asked the court to intervene for contempt of court.
The ANC tried to appeal but lost, and the Gauteng High Court in Pretoria confirmed that the party was in contempt.
NOW READ: ANC MPs tell Mbalula to ditch DA in hostile meeting
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Citizen
an hour ago
- The Citizen
City says debt relief working, critics warn of looming crisis
The metro has defended its controversial debt relief programme, maintaining that consumer debt has declined. This comes after criticism from opposition parties who claim it encourages non-payment and threatens the metro's financial health. Opposition claimed that despite the debt relief programme, residents' outstanding debt increased by more than R700-million in the previous financial year. The Freedom Front Plus said it was particularly concerned about a 600% increase in new defaults within the 31-60-day payment period. However, metro spokesperson Lindela Mashigo argued that consumer debt has been decreasing since the launch of the incentive in May. 'Between February and March, the debtors' book fell by 13.56%, with a further drop from R26.6-billion to R25.8-billion over the next two months,' Mashigo said. He said these figures prove the initiative is working, allowing residents to settle arrears and keep their accounts in good standing. 'The plan offers ratepayers a 70% discount on outstanding municipal bills if they pay the balance in full, and was introduced to address a historic R30-billion debtor's ledger.' Mashigo dismissed claims of a 600% spike in new defaults as 'factually incorrect'. 'Nevertheless, the city remains committed to addressing all arrear accounts, particularly those that are 30 days and more in arrears.' He said intensified credit control measures are being implemented to reduce the debtors' book and to improve the overall payment levels. 'These measures include stricter enforcement of credit control policies, targeted customer engagement, and proactive monitoring of payment patterns to prevent accounts from falling into longer-term arrears.' Mashigo stressed that the metro maintains a structured payment arrangement with Eskom, honoured in full and on time. 'We have never defaulted on our commitments to Eskom and disciplined financial management has kept essential services running.' Despite the metro's reassurances, opposition parties remain unconvinced. Freedom Front Plus Councillor Mark Surgeon warned that outstanding debt climbed by more than R700-million in the past financial year, even with the debt relief scheme in place. He accused the ANC-led coalition of using the policy as a quick political fix rather than a long-term financial strategy. 'The FF Plus has always maintained that general debt write-offs foster a culture of non-payment,' said Surgeon. Surgeon also cited a R2.28-billion increase in the city's own debt in 2024/25 and a 43% rise in what it owes Eskom, warning of looming fiscal collapse. He said underspending on projects further erodes public trust, calling the budget a 'political wish list' rather than a binding service delivery plan. Surgeon argued that without structural reforms, the debt crisis will only deepen, worsening service delivery and public confidence in municipal governance. The DA shared similar concerns. Former MMC for Finance Jacqui Uys said the policy benefits residents who can pay but choose not to, while doing little for struggling households or for restoring payment discipline. 'The processes followed by the coalition do not ensure the inclusion of defaulting ratepayers back into the payment net,' she said. Uys said the DA had proposed alternative repayment models to help those who want to pay but cannot, but these were rejected. 'The debtors' book might even be closer to R28-billion,' said DA caucus leader in Tshwane Cilliers Brink. Brink said it is clear that there hasn't been an uptake by residents of the incentive scheme of the city. 'The DA warned that the scheme is inadequate, but the bigger problem is that credit control is not happening.' He said other measures, such as rolling out smart meters to indigent residents, are also not happening. 'Instead of collecting what is already due to the city, the ANC coalition has sought to introduce a new tax, the so-called city cleansing levy. Now that the High Court has set the levy aside, it means that there is about R500-million shortfall on top of the R850-million shortfall from the financial year ending in June,' said Brink. Mashigo insists that the metro's approach, combined with stronger credit control and targeted revenue collection campaigns, will stabilise its finances and support long-term service delivery. He said the underspending experienced in the 2024/25 financial year can largely be attributed to delays in project implementation, procurement processes, and the finalisation of contractor appointments. 'In some cases, unforeseen technical challenges and compliance requirements also contributed to slower capital expenditure. While underspending may temporarily affect the pace of certain service delivery projects, the city is actively working to fast-track delayed initiatives and reallocate resources where possible to ensure service delivery targets are met.' He said the city has instituted a 'war room' initiative led by the mayor. 'In this forum, service delivery departments are required to report regularly on the progress of their respective capital programmes and others.' According to Mashigo, the political leadership provides oversight, ensuring accountability and alignment with strategic priorities. 'Importantly, this process operates in conjunction with the statutory oversight functions of the Section 79 Committees and the city's council, which continues to hold the administration accountable for sound budget planning, disciplined execution, and prudent financial management. This layered oversight structure mitigates the risk of undue political interference.' Mashigo said the metro has adopted an approved service delivery budgetary implementation plan that outlines clear performance targets for each department. 'This plan is supported by a funding plan aimed at ensuring financial viability, achieving strategic financial objectives, and strengthening the city's liquidity position. By enhancing revenue collection and optimising expenditure, the city can sustainably deliver essential services to communities, thereby restoring public trust and reinforcing confidence in its financial stability.' He denied that the debt relief programme has fostered a culture of non-payment, saying on the contrary, it has provided much-needed financial reprieve to residents across the city, enabling them to settle arrears and remain in good standing. Do you have more information about the story? Please send us an email to [email protected] or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok.
The Citizen
an hour ago
- The Citizen
Pull the plug and start dialogue over
It's time to pull the plug on this whole thing… and start again. While the National Dialogue saga seems destined to generate little more than more hot air – as if we don't have enough already from our verbose politicians – it does provide some fascinating material for pondering our parlous political situation. First, the foundations associated with the elders of recent South African history – those who negotiated the way towards ending apartheid – have pulled out of the process. What the National Dialogue should've been One of the prominent critics of the dialogue process is former president Thabo Mbeki. He was the man who set in motion this idea of a national dialogue, and, in his own words, it should have been civil society in the driving seat, not President Cyril Ramaphosa and the ANC. That would seem, at first glance, to be noble and wise, as befitting Mbeki's status as an elder statesman. However, what if Mbeki realised that his own legacy – despite the collapse which followed after he left office – was going to be less than shining? Even ignoring the Aids debacle, where an estimated 250 000 people died while he dithered about antiretroviral medications, Mbeki is regarded by many critics as having moved the country onto a neocolonial, capitalist-friendly course, failing to deal with critical issues like land restitution. Perhaps he needs the dialogue to rebuild his legacy into one of 'the man who saved South Africa'. Yet, whatever his motive may be, Mbeki is correct – and so are the others who withdrew – that this dialogue should not be steered by Ramaphosa and the ANC. People, not political parties, should air their views on the future. That is why it is concerning that organisations like the DA and Freedom Front Plus, which represent many in the white community, have also chosen to stay away. It's time to pull the plug on this whole thing… and start again. READ NEXT: Mazibuko reaffirms that the National Dialogue will be in the hands of South Africans
The Citizen
2 hours ago
- The Citizen
How will Ramaphosa deal with SA's foreign policy nightmare
South Affrica has a non-aligned foreign policy which has been seen as anti-U.S. A radical cabal already dominates SA's foreign affairs department. This week, the department – once studiously aloof from the ruling party's ideological feuds – showed it, too, has been drawn into the fray. During an official visit to Tehran, the country's top general pledged political and military solidarity with Iran against the US and Israel. It is the latest move in a quiet but fierce struggle inside the ANC between a dwindling band of what passes for moderates and an emboldened bloc of extremists, many with hard-line Islamist sympathies. The former cling to the fiction of a non-aligned SA. The latter see the present global disorder as their moment to cast the country as a heroic standard-bearer of the global south, leading the fight against 'Western imperialism' and 'US hegemony'. General Rudzani Maphwanya, chief of the SA National Defence Force (SANDF), met in Tehran an array of Iran's top military leadership in a calculated affront to Washington. The departments of international relations and cooperation (Dirco) and defence are now scrambling to disclaim his anti-US rhetoric, even as he publicly committed South Africa to joint military ventures with a pariah state. Such denials should be taken with a generous pinch of salt. It is inconceivable that Maphwanya acted without the blessing of both departments and of the Presidency itself. Maphwanya's actions are extraordinary for the head of a military in a democracy. If the trip was unsanctioned and Maphwanya's statements unapproved, the implications are grave. As chief of the SANDF, such unilateral actions would constitute a direct military intrusion into civilian affairs of near-treasonous proportions. Immediate dismissal and possible cash earnings from the SANDF would be warranted. The department's responses have been striking. Neither denied knowing about the general's trip but both issued statements stressing foreign policy is the responsibility of the Presidency and Dirco. The implication is that they did know, but the general went rogue. If the trip was sanctioned, the diplomatic dis aster that has been unleashed demands account ability at the highest levels. Ronald Lamola (Dir co), Angie Motshekga (defence), and Khumbudzo Ntshavheni (Presidency) should all be axed. But the Presidency flatly denies any knowl edge of the trip or giving permission for it. This statement is almost as extraordinary as the general's actions. If the President was kept in the dark and his ministers knew, they must be axed immediately. The point is that there is a military stirring that needs to be nipped in the bud. It should be extremely concerning, especially to the ANC's partners in the government of national unity, that there is a strong possibility the Islamist-led bloc dominating Dirco has found a like-minded, equally senior anti-US/anti-Israel faction within the SANDF. The rot is spreading, and the consequences are eye-popping. This is not non-alignment. It's a confirmation of the US position articulated by US President Donald Trump in the February executive order: South Africa is actively acting against the interests of America in its embrace of Iran. Domestically, the implications of a politically assertive military are equally alarming. This is the well-worn route taken by every 'liberation party' regime north of the Limpopo: a slide towards authoritarianism, one-party dominance, repression and the occasional military coup. SA is now caught between two forces: an increasingly radicalised foreign policy and a militarised ideological alignment. What began with a quiet capture of Dirco has metastasised into an open assertion of anti-Western sentiment at the heart of the SANDF. The president and his coalition partners in the GNU must ruthlessly excise the cancer. But they won't.
