Letter from Helen Zille, Chairperson of the DA Federal Council, to Fikile Mbalula, Secretary-General, African National Congress, 23 June 2024

MR FIKILE MBALULA

SECRETARY-GENERAL, AFRICAN NATIONAL CONGRESS

23 June 2024

Dear Mr Mbalula

Thank you for your letter of yesterday, 22 June 2024. I have been designated to respond on behalf of John.

The DA remains committed to being part of a multiparty government that delivers demonstrable, positive change for the people of South Africa. We believe that government should give effect to the preamble of the Constitution, and in accordance with the principles set out in the Statement of Intent.

Our decision on whether to join such a government will, in the end, depend on our ability to effect such change. We have a mandate from 3.5 million voters to do so, and it would be a betrayal of them and of all the people of South Africa if we were to enter a government in which we are inhibited from delivering.

The election result requires that power be shared in a new government. That means power cannot continue to reside solely with the ANC. It also requires that we respect the size of the ANC's mandate from the electorate. Please be assured that we do.

The proposal we set out in our letter to the President on 21 June gave full and accurate expression to the Statement of Intent. It did not, as you suggest, propose "strict proportionality" in the distribution of cabinet seats. On the contrary, it set out a clear, reasonable, fair way in which to operationalize Clause 16 of our agreement, which seeks to respect both the will of the people as expressed in the election and the need for inclusivity in the national interest.

It is obvious that the distribution of positions in the cabinet can only start with a consideration of the relative electoral size of the parties participating in government. Governments, by definition, are made up of parties participating in government. They are not made up of parties in opposition — that is what parliament is for. This is the first time any "difference of interpretation" in this regard has been expressed.

Consequently, we set out again our approach to ensuring cabinet reflects both the will of the people, as expressed in the election, and inclusivity in the national interest.

The approach starts by determining the number of posts each party to the statement of intent would be entitled to if the election outcome, as reflected in our proportional representation system, was the only consideration. This covers the "will of the people" imperative in clause 16.

The ANC and DA, as the largest parties, would then be required to sacrifice posts proportionally to an "inclusivity pot". This covers the inclusivity in the national interest imperative in clause 16.

The outcome of this process would produce a cabinet and deputy ministerships to which both the ANC and DA as the largest parties would contribute posts proportionally, as proposed by David Makhura, the ANC's chief negotiator. He used the term "proportionate dilution" to capture it.

The tables provided in our previous letter to the President refer.

It is impossible to conclude this approach does anything other than give fair, reasonable and accurate effect to clause 16 of the Statement of Intent.

Given the need now to progress these discussions, we include below a number of specifics that are essential to ensuring the Democratic Alliance is able to effect positive change in government.

The cabinet positions the DA holds should rightly include the post of Deputy President, as is standard practice in similar governments around the world.

We can only agree to give up that post if it is replaced with both a Minister in the Presidency, who is also designated as the Leader of Government Business and participates fully in the policy development and monitoring responsibilities of the Presidency, ands Deputy Minister of Finance, who participates fully in the development of the budget.

It is also reasonable and fair that the DA should have representation across all cabinet clusters. To speed matters along, we set out here our preferred portfolios in each cluster.

Economic Sectors, Investment, Employment and Infrastructure Development

- Ministry of Mineral Resources and Energy

- Ministry of Transport (with Transnet reallocated to this portfolio)

- Ministry of Trade, Industry and Competition

Social Protection, Community and Human Development

- Ministry of Public Works and Infrastructure (provided the infrastructure function now sitting in the Presidency is relocated to this portfolio.)

- Ministry of Higher Education, Science and Innovation

Governance, State Capacity and Institutional Development

- Ministry of Public Service and Administration

- Ministry of Cooperative Governance and Traditional Affairs

Justice, Crime Prevention and Security

- Ministry of Justice

- Ministry of Home Affairs

International Cooperation, Trade and Security

- Ministry of International Relations and Cooperation

- Ministry of Communication and Digital Technologies

We would seek to have Deputy Ministers in the same ministries as we have Ministers, with the exception of the Finance Ministry where we would only be appointed to the post of Deputy Minister, as set out earlier.

It is obviously impossible to effect positive change in government if the processes of government, and key personnel in government, obstruct the Democratic Alliance at every turn.

It is therefore also necessary that we agree on the following:

- That Directors General in departments reporting to Democratic Alliance ministers are selected by panels consisting of Democratic Alliance ministers, and submitted to the President for his approval, and that such approval cannot reasonably be withheld.

The contracts of all current DG's would also need to be reconsidered in light of our concern that incumbents may not be amenable to direction from Democratic Alliance ministers, especially given the ANC's Cadre Deployment policy.

- That all tenders in departments reporting to Democratic Alliance ministers issued since the promulgation of the election date be reviewed. It is obviously not possible to effect change in a context where recent decisions by the previous government are rendered irreversible.

- That a technical "clearing house^" is established, consisting of a representative from each participating party, with a mandate to resolve differences over policy and other decisions of government by consensus, before they become a source of conflict in the Cabinet. In the event consensus isn't possible, sufficient consensus would be required, as contemplated in clause 19.3 of the Statement of Intent.

In the event that differences prove particularly intractable, they would need to be resolved by the President and the Leader of the Democratic Alliance. This approach would give proper effect to Clause 19 of the Statement of Intent.

Finally, please be advised that Democratic Alliance participation in governments in Gauteng and Kwazulu-Natal depend on our participation in government at national level.

We would like to reiterate once again that we remain fully committed to participating in governments in which we would be able to effect positive change for the people of South Africa.

Our country faces a unique opportunity now to implement programmes that would boost job creation, alleviate poverty, provide security, education, healthcare and social support our people so desperately need. We stand ready to deliver on these imperatives with you and other signatories to the Statement of Intent.

Yours sincerely

HELEN ZILLE

CHAIRPERSON OF FEDERAL COUNCIL