SCA dismisses ANC bid to keep cadre deployment records sealed

The Supreme Court of Appeal (SCA) has dismissed, with costs, the African National Congress’ (ANC) bid to appeal an earlier High Court ruling, compelling it to release the party’s cadre deployment records.

The application for leave to appeal directly to the SCA was filed in June, on the day that the ANC had to hand over its cadre deployment records after the Gauteng High Court in Johannesburg refused its leave to appeal its ruling.

At that time, the Johannesburg High Court declared the ANC’s refusal to release its cadre deployment committee’s minutes, WhatsApp conversations, emails, CVs, and other records “unlawful and invalid”.

The Democratic Alliance (DA) submitted to the court that the records of the ANC’s cadre deployment committee were required because its policies and practices influenced who was appointed to key state institutions.

The party’s Shadow Minister of Public Service and Administration, Leon Schreiber, brought the application after his PAIA (Promotion of Access to Information Act) application for the records in 2021 was refused.

In his application, Schreiber stated that the policy played a role in corruption and State Capture.

However, ANC secretary-general Fikile Mbalula argued that Schreiber and the DA were not members of the ANC and were, therefore, not entitled to information generated from internal ANC committees.

Mbalula also said that the ANC's constitutional rights to privacy, equality, and dignity were infringed by the High Court's court order and judgment.

The SCA dismissed the ANC’s leave to appeal application on the grounds that there were "no reasonable prospects of success in an appeal, and there is no other compelling reason why an appeal should be heard".

*This is a developing story.

kailene.pillay@inl.co.za

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