KEY POINTS
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The High Court dismissed the DA’s appeal to declare the ANC’s cadre deployment policy unconstitutional, ruling the case lacked merit and constitutional importance.
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The ANC welcomed the judgment, accusing the DA of abusing the courts for political gain and reaffirming the legality of its deployment policy.
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Despite the loss, the DA won a separate court case compelling the ANC to release deployment records, though it now accuses the ruling party of non-compliance.
The Gauteng High Court on Wednesday dismissed the Democratic Alliance’s (DA) application to appeal a ruling that upheld the cadre deployment policy of the African National Congress, ANC, dealing a blow to the opposition’s legal campaign against political appointments in the public sector.
Deputy Judge President Aubrey Ledwaba deemed the DA’s case “poor” in merit, stating it failed to demonstrate constitutional violations or prospects of success in higher courts.
The DA had argued that ANC cadre deployment—a practice of aligning state appointments with party loyalty—undermines public service integrity.
However, the court maintained that political influence on policy and appointments is lawful unless it “misuses state machinery for partisan gain.” Ledwaba emphasized, “This case does not raise questions of constitutional law of considerable public importance,” while ordering the DA to cover the ANC’s legal costs.
Court Slams DA’s case as weak and lacking constitutional merit
In delivering the ruling, Gauteng Deputy Judge President Aubrey Ledwaba stated that the DA’s case did not present issues of significant constitutional importance. “This case, far from the DA’s contentions, does not raise questions of constitutional law that are of considerable public importance,” Ledwaba said in his judgment. He further remarked that the appeal had little chance of success in a higher court.
According to The Citizen, the judge also dismissed the DA’s argument that the original judgment conflicted with prior legal precedent, emphasizing that the cases cited were not comparable. “There is no need to regurgitate ten bases upon which the two cases are distinguishable,” he said. “The upshot is that the DA failed to demonstrate compelling reasons for granting leave.”
Describing the DA’s appeal as “poor” in merit, the court concluded: “The application for leave to appeal is dismissed,” and ordered the DA to cover the ANC’s legal costs.
Despite the ruling, DA leader John Steenhuisen has indicated that the party is prepared to take the matter all the way to the Constitutional Court (ConCourt), suggesting the legal battle over cadre deployment is far from over.
