DA has renewed zeal against ANC and state capture


On Friday, the DA announced additional and follow-up actions as part of its ongoing campaign against the ANC’s cadre deployment corruption.

“With the help of the precedent created in our recent victory in the Constitutional Court, the DA will file an application for contempt of court against the ANC,” says John Steenhuisen, leader of the DA. This application aims to obtain copies of the e-mails and WhatsApp messages for the period when pres. Cyril Ramaphosa, served as chairman of the ANC’s cadre deployment committee. It specifically focuses on the peak of statehood between 2013 and 2018.

“We are also submitting our application for leave to appeal against Tuesday’s judgment of the North Gauteng High Court.”

Steenhuisen says the ANC failed to include Ramaphosa’s own e-mails and WhatsApp messages in the material handed over to the DA. This is despite the fact that during this period Ramaphosa was chairman of this committee and was one of the recipients of the emails and WhatsApp messages in question.

“He ultimately bears responsibility for his actions, but fails to make an affidavit confirming that he has no documents or information for this period.”

This week the DA also issued a letter of demand to the ANC to fully comply with the order of the Constitutional Court with Saturday as the deadline.

“If they do not comply with the demand, we will request an urgent judgment for contempt of court, which includes imprisonment, and is specifically aimed at the secretary general, Fikile Mbalula, who acted on behalf of the ANC in this case.”

According to Steenhuisen, the DA will use the precedent set in the Jacob Zuma case, when he was sent to prison because he was similarly in contempt of an order from the Constitutional Court.

“We will also pursue criminal charges against ANC officials who were involved in the destruction of information as part of a blatant cover-up campaign to erase Ramaphosa’s fingerprints from the cadre deployment records.”

In the DA’s legal letter, which was sent to the ANC on Thursday, the DA points out that the ANC has not complied with the court order in a number of respects:

  • The ANC censored documents in a comprehensive manner, although they were not entitled to do so by the court order;
  • They did not provide any information for a period of five years during which pres. Cyril Ramaphosa was the chairman of the cadre deployment committee. The ANC did not mention it in their court documents either;
  • They did not provide a list of all decisions taken by the cadre deployment committee, as ordered by the court;
  • They impermissibly restricted the communication, which was distributed during the year 2020;
  • They provided illegible documents;
  • They destroyed documents while the case was pending before the court;
  • They failed to adequately explain what steps were taken to locate the information, including all information from pres. Ramaphosa himself as chairman of the committee and therefore recipient of any and all information and documents relating to it;
  • They did not provide minutes that were not formally accepted, although the court order obliges the party to turn over all relevant information.

Steenhuisen says the ANC has also not provided any information for the period between 2013 and 2018, despite the court ordering that it must include this period when Ramaphosa was cadre chairman.

“As we indicate in our letter, the PAIA request is ‘not limited to minutes of committee meetings, but also includes all information about the processes and decisions of the committee during the period 2013-2021…’.”

He believes it is not credible for the ANC to claim that there is absolutely no documentary or digital trace of any communication about the committee’s processes during this five-year period.

“It makes no mention of the steps taken to obtain the documents or information from the members of the committee or recipients of cadre e-mails. The failure to pass on the relevant information also contradicts Ramaphosa’s own testimony before the State Creation Commission, when he said: ‘I think those in charge will just take notes and record a decision and it is then communicated .’ The DA and the public are entitled to access these ‘notes’ and ‘decisions’ in terms of the court order.”

Steenhuisen says the criminal charges that the DA will lay against the ANC stem from the admission, under oath, by ANC official Thapelo Masilela that he destroyed a number of the records – which were the subject of the PAIA request – after the court order was granted. The ANC’s application for leave to appeal was still pending at that stage.

Steenhuisen says this behavior is an offense in terms of section 90(1) of the PAIA and conviction can lead to a prison sentence of a maximum of two years.

“The DA will not relent in our fight against ANC cadre deployment corruption until we have banned and abolished this harassment. Our campaign is now moving to the next phase, where we want to hold ANC leaders, including Ramaphosa and Mbalula, personally accountable for their role in the system that caused state capture and collapsed service delivery,” says Steenhuisen.