State Capture Commission withholding ANC cadre deployment records from public scrutiny
29 November 2021
The Democratic Alliance (DA) is concerned by the refusal of the Commission of Inquiry into State Capture to comply with a request we submitted over three months ago in terms of the Promotion of Access to Information Act (PAIA). In terms of our PAIA request, the DA had asked the Commission to make public the records of the ANC’s cadre deployment committee that were presented as evidence in front of the Commission during the testimony of ANC President Cyril Ramaphosa on 11 and 12 August 2021.
Following Ramaphosa’s testimony, during which it was revealed that his cadre deployment committee had even influenced the appointment of judges to various courts – including to the Constitutional Court – the DA on 25 August submitted a PAIA application requesting that the Commission make public “any and all meeting minutes, attendance registers, lists of decisions, contents of communication and all other records of the national Deployment Committee of the African National Congress that the Commission has in its possession.” In terms of PAIA, the Commission was legally required to inform us whether it would comply with our request within 30 days.
The Commission however violated this deadline. Over 90 days after we submitted our request and despite our repeated pleas, the Commission has still not provided us with an answer. As a result, our lawyers sent the Commission a letter of demand requesting that we be provided with an answer by 22 November.
Once again, the Commission ignored us. I am advised by our attorneys that this latest brushing off of the public’s right to see these records amounts to a “deemed refusal” in terms of PAIA. In other words, by postponing and ignoring our request for more than three months, the Commission has effectively refused to make this information public so that the people of South Africa can see how the ANC’s cadre deployment committee corrupted, captured and collapsed our state.