ANC legal counsel argues the party’s cadre deployment policy is constitutional

JOHANNESBURG - Legal counsel for the African National Congress (ANC) has argued that the party’s cadre deployment policy is constitutional.

Advocate Les Morison submitted that the practice by the former majority party and even the Democratic Alliance (DA) was permitted by the Constitution.

The former opposition party is on Wednesday presenting arguments before the Gauteng High Court in Pretoria in an application for leave to appeal the court’s judgment that dismissed the party’s application to declare the policy unconstitutional and invalid.

The ANC, through its lawyers, argued that the DA had failed to meet the test for leave to appeal to be granted, that is that there must be reasonable prospects of success and compelling reasons why the appeal should be granted.

It argues that section 197, subsection 3 of the Constitution, which is relied upon by the DA, does allow employees of the public service to be favoured or prejudiced but not when it is only for a particular political party or cause.

Morison added that section 195, subsection 4 of the Constitution stipulated that the appointment in public administration of a number of persons on policy considerations was not precluded but the national legislature must regulate the appointments.

Morison said this was contrary to arguments presented by the DA that the Constitution was apolitical and makes no provision for the cadre deployment practice by the ANC.

Thus, Morison argued, based on this there were no prospects of success in the DA's leave to appeal application and it should be dismissed.