Cape Town - President Cyril Ramaphosa remains unmoved from opposition parties for the ANC to do away with its Cadre Deployment Policy, saying the DA was “leap-frogging” due process in its legal challenge.
He argued that the DA’s entire case was based on the State Capture Commission report whose recommendations he was still considering.
Ramaphosa used his 200-page affidavit, including supporting documents, to defend the policy for its transformational goals, saying it ensured that state institutions reflected the demographics of the country while on the other hand also ensured that persons most ‘fit-for-purpose’ were appointed whenever critical positions were identified.
In his capacity as the head of the executive of an ANC government, he maintained that the commission did not recommend the policy be revoked but that an oversight committee be established to close gaps that allowed it to be misused.
“I have until around October 22 to consider the recommendations in the State Capture Commission Report and make a determination as to my intention regarding their implementation.
This (DA) application seeks to leap-frog the process already set by this court i.e. it seeks to by-pass my presidential powers to consider the State Capture Commission's findings and recommendations,” Ramaphosa said.
The DA wants the policy abolished, citing “corruption” and says it should be declared “unconstitutional and unlawful”.
In his affidavit Ramaphosa outlined the history of the policy when the ANC was preparing to govern.
“Developing a cadre of competent leaders who are competent and who understand the transformational project under a democratic Constitution is essential. The policy serves a dual purpose,” he said. The policy applied to senior positions in government such as Directors-General and Deputy Directors-General, as well as leadership. The cadre deployment committee essentially operates like a recommendation committee, he said.
“The CD Committee does not decide who should take up specific positions.
Rather, it discusses who should be encouraged to apply for positions and makes recommendations.” He maintained “anything that goes beyond recommendation is not compliant with the CD Policy”.
“The DA's case emanates from the work of the State Capture Commission.
The commission was established in January 2018. The commission did not find that all appointments made utilising the policy were a function of state capture or corruption. The commission also did not find that all questionable appointments were made utilising the policy or with the involvement of the committee. In some cases, state capture took place as a result of the abuse of the policy rather than its implementation.”
Ramaphosa argues that the DA’s true gripe “relates to some instances where it appears to the DA that the minister's executive authority was usurped”.
“The DA ought to have brought a case to review the appointments made in those cases instead of challenging the CD Policy for something it does not do.”
On several appointments cited as examples by the DA, Ramaphosa said the cadre deployment committee was not involved. These include the appointment of Siyabonga Gama at Transnet.
With regard to Anoj Singh and Brian Molefe, Ramaphosa said neither of their candidatures went through the committee.
“The fact is that there was no application of the CD Policy at all in Mr Moyane's appointment,” he said.
DA MP on Public Service and Administration, Leon Schreiber said Ramaphosa’s “desperate attempt to protect cadre deployment corruption at all costs also confirmed why the DA’s court case is so vitally important.”
“We now have it under oath that Ramaphosa, his government and his party all intend to defy the commission’s findings.”
Professor Zwelinzima Ndevu, director of the School of Public Leadership at Stellenbosch University said: “The current policy needs to be strengthened to eliminate buyers and political manipulation, especially when it comes to party involvement. The general principle should be that only people fit for purpose are appointed.”
Political analyst Deputy Vice-Chancellor of Institutional Support at the University of Zululand, Professor Sipho Seepe said the professionalisation of the public service would go a long way in making these debates irrelevant.
“Beneficiaries of apartheid and of the new dispensation are ill qualified to criticise a policy from which they themselves have benefited. It is a case of someone being given a ladder, and once s/he has ascended decides to kick it down.”
Cape Times