The ANC national executive committee on Tuesday undertook to review its cadre deployment policy after the state capture inquiry chaired by chief justice Raymond Zondo found the party, through this policy, contributed to state capture

This policy insists those in government on the ANC ticket take into account the party’s recommendations and candidate preferences before making any appointment.

It essentially calls on the president, deputy president, ministers and deputy ministers, directors-general and other government and parastatal officials to consult with the party’s deployment committee before making key appointments.

Zondo found the policy was in breach of certain sections of the constitution and the public service act as, among others, it prejudiced candidates who were not preferred by the party.

“It is clear that within the current constitutional and statutory framework it is unlawful and unconstitutional for a president of this country and any minister, deputy minister, director-general or other government official, including those in parastatals, to take into account recommendations of the ANC deployment committee or any deployment committee or any similar committee of any other political party in deciding who should be appointed to a position in the public service or in organs of state or parastatals,” Zondo said.

During his appearance at the inquiry, ANC president Cyril Ramaphosa admitted people, especially at state-owned enterprises, were appointed to certain positions to advance certain agendas, and that poorly qualified people were parachuted into key positions through political patronage.

Zondo said the commission heard evidence which indicated multiple appointments were made to key positions to facilitate state capture.

“The evidence has demonstrated state capture has been facilitated by the appointment of pliant individuals to powerful positions in state entities,” Zondo said in the state capture report released last month.

“The essential danger remains that appointment processes which are conducted behind closed doors and outside the constitutionally and legally stipulated processes are open for abuse.”

According to Zondo, ANC leaders Ramaphosa, Jacob Zuma and Gwede Mantashe suggested during their appearance before the commission that the deployment committee merely made recommendations for appointments and did not necessarily determine appointments.

However, Zondo said since the appointing authorities were ANC members and were bound to the decisions of the party, they might feel compelled to make the appointments recommended by the party’s deployment committee.

Ramaphosa explained how ministers have to convince the committee about some appointments they make, and that some are sent back to the drawing board three times because the committee rejected some names they proposed.

“The fact that ministers seek to convince the committee, and go through such lengths to do so, implies that the true and ultimate decision-making power lies with the committee itself,” Zondo said.

“This illustrates a situation where the minister makes a recommendation to the committee, who has the final say in approving or rejecting a candidate. If the process is merely one of recommendation, ministers would not need to return three times or more to get a list recommended.”

Zondo said the recommendations of the deployment committee fell outside the ambit of the law and if the ANC, or any other political party, wants to make wants to such recommendations to be taken into account in filling government posts, they should take steps to ensure relevant legislation is amended.

“Otherwise, taking such a recommendation into account while it is outside the legal framework is unlawful,” the report said.

By insisting its deployees must take into account its recommendations before making appointments, the ANC’s cadre deployment policy essentially “requires them to act unlawfully”.

When he appeared before the inquiry, Ramaphosa said cadre deployment was aimed at ensuring the ANC government appoints the “most fit for purpose” people to critical positions.

These, according to Ramaphosa, were limited to directors-general and did not include cabinet, though the policy states otherwise.

When quizzed, Ramaphosa said though the policy does state the deployment committee discusses appointments of cabinet ministers as well, as a rule the party left the decision as a prerogative of the president.

Ramaphosa also sought to suggest the committee did not venture into judicial appointments, but Zondo later found the party did discuss names. Ramaphosa said it was only as a matter of preference and the decision to appoint judicial officers lies with the Judicial Service Commission.

He said the policy was aimed at ensuring there was transformation in government institutions, and that the country’s demographics and gender balance were reflected.

Ramaphosa told the commission the deployment committee also made political considerations before making recommendations for appointments, especially in “key positions where we seek to advance the mandate of the governing party”.

This policy, Ramaphosa said, was not unique to the ANC and was practised in other political parties across the world.

Zondo found that despite the party’s 54th national conference taking a resolution that its deployees should be monitored to ensure there was no “sense of complacency”, there was no evidence that was being done or that its deployees were effectively monitored.

Ramaphosa told the commission things would be done differently in future but was not explicit about what would be changed, though he stressed the issue of transparency in the committee’s work. 

In its post-NEC meeting statement, the party said it would make recommendations regarding its decision to review the cadre deployment policy.

The party also said it would review the party funding principles, organisational discipline and accountability as well as its parliamentary oversight.

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