Letter from the Office of the ANC Secretary General to John Steenhuisen, Federal Leader of the Democratic Alliance, Saturday, 22nd June 2024
Mr. John Steenhuisen Federal Leader Democratic Alliance
By Email
Dear Mr Steenhuisen
Your letter, dated 21 June 2024, addressed to President MC Ramaphosa, in his capacity as the President of the Republic, has been referred to me for attention and reply.
I hereby do so as the ANC and the DA have been in negotiations, as political parties that are amongst the signatories to Government of National Unity Statement of Intent.
We would like to reiterate that the African National Congress remains committed to the formation of a Government of National Unity.
The establishment of the Government of National Unity must be based on the principles set out in the Statement of Intent, signed by the parties represented in the National Assembly, in particular clauses 16 and 17, which read as follows:
“16. The Government of National Unity shall be constituted in a manner that reflects genuine inclusiveness of political parties that are party to this Statement of Intent and are represented in the National Assembly broadly taking into account the number of seats parties have in the National Assembly and the need to advance the National Interest. The President shall in constituting the Executive, take into account the electoral outcomes. (emphasis added)
17. Whilst recognizing the President’s prerogative to appoint Members of the Executive, such appointments shall be done in consultation with the Leaders of the respective Parties of the Members considered for appointment.”
We welcome the fact that we have reaffirmed our shared understanding regarding the President’s prerogative to appoint members of the National Executive in line with the Constitution.
We note that your approach to the representation of parties in the Government of National Unity, as set out in the table in your letter, is premised on the concept of strict proportionality - based on membership of the Government of National Unity.
You will recall that the issue of proportional allocation of positions in Cabinet resulted in a deadlock between our negotiating teams, arising from divergent positions on how parties should be represented in the Cabinet. The matter was referred to Party Leaders for resolution. Clause 16 as agreed to, reflects the common understanding that was arrived at.
It is clear to us that, subsequently, a difference of understanding has arisen between our two parties regarding the interpretation of clause 16, particularly regarding whether the parties to the Statement of Intent consider all the parties represented in the National Assembly, or only those parties to the Statement, in the determination of the number of positions they should be appointed to in Cabinet.
We hold the view that the representation of parties should be based on the electoral mandate that they received, reflected in the number of seats they hold in the entire National Assembly. We hold this view because parties participating in the GNU are accountable to the electorate as a whole, and therefore to all members of the National Assembly.
The table set out in your letter suggests that the parties to the government of national unity are appointed to positions in the Cabinet based on their portion of seats relative to other members of the government of national unity. This construct would then make them accountable to themselves rather than to the National Assembly broadly.
We submit that this militates against the concept of “advancing the national interest” and “genuine inclusiveness” as envisaged in clause 16 of the Statement of Intent.
Furthermore, it should be noted that the ANC won a majority in the NCOP.
Based on the above, we believe that a fair and reasonable manner of determining the number of positions in Cabinet that each party would be appointed to by the President, as well as the number of deputy ministers from each party would be appointed, in line with the principles set out above, is as follows:
Whilst the Speaker and Deputy Speaker of the NA, as well as Chairperson of the NCOP were elected on 14 and 15 June 2024, there are still several critical positions in the leadership of Parliament, which should be considered as part of the GNU cooperation.
The offer of including certain NCOP posts as part of the GNU cooperation, including NCOP Deputy Chairperson and other portfolios, are therefore part of the proposals we would like to put forward for consideration, notwithstanding the ANC’s outright majority in the NCOP.
We welcome the fact that the Statement of Intent has been signed by more political parties represented in the National Assembly. This development enhances the standing of the Government of National Unity. This speaks to the principles of national interest and inclusiveness which both of us support.
In this context, national interest and inclusiveness refer, in the main, to outcomes of the elections, national groups, gender, social sectors and related elements of representativity.
Furthermore, in light of the sentiments expressed in the second-to-last paragraph of your letter, we believe it would also be appropriate to factor in the significance of portfolios that parties may be allocated (in relation to their centrality to the fulfilment of the program of the Government of National Unity), in assessing the fairness of allocation of numbers of Ministers or Deputy Ministers appointed from each party to the Statement of Intent.
We look forward to continuing and concluding our discussions as the nation awaits the conclusion of these discussions and the setting up of the Government of National Unity
Yours sincerely
Fikile Mbalula
SECRETARY GENERAL AFRICAN NATIONAL CONGRESS
Date: 22 June 2024
