High Court dismisses DA’s bid to appeal ruling on ANC cadre deployment policy

JOHANNESBURG - The High Court in Pretoria has dismissed the Democratic Alliance (DA)’s application for leave to appeal an earlier judgment that dismissed its request to declare the African National Congress (ANC)’s cadre deployment policy unconstitutional.

The court found that the party's application did not have reasonable prospects of success, a key component in the test for a leave to appeal application.

The DA earlier this year approached the superior court, arguing that the practice compromises service delivery, among others. 

The High Court in Pretoria has found that the DA did not satisfy the test for leave to appeal, that the appeal would have a reasonable prospect of success and whether there are compelling reasons why the appeal should be heard.

The court found that the party failed to plead a valid constitutional attack in that it did not identify aspects of the cadre deployment policy that were unconstitutional.

The party argued that its attack was on the policy as a whole, and it didn't need to specify the exact portions inconsistent with the Constitution.

The superior court has also rejected what it has termed the "purported" party's evidence of corruption due to the policy.

The DA also submitted that Section 197 subsection 3 of the Constitution is apolitical and does not allow for a practice such as cadre deployment to take place.

But the court lamented the party's failure to deal with the court's previous finding that the practice is not a government policy and that no member of the public service had attempted to apply it when making appointments.