PUBLIC SERVICE COMMISSION MUST INVESTIGATE ANC INTERFERENCE IN THE PUBLIC SERVICE

I have today written to the chairperson of the Public Service Commission (PSC), Professor Stan Sangweni, requesting the PSC to investigate allegations in yesterday's City Press that the ANC has - in violation of the Constitution - interfered in the administration of the public service.

The report presents documentary evidence of attempts by Jacob Zuma's supporters in Limpopo, Northern Cape and the Free State to remove certain senior public servants and appoint others on the basis of their political affiliation to Zuma.

This is a continuation of the ANC's policy of cadre deployment, which was formally adopted at its Mafikeng conference in 1997. It was former President Thabo Mbeki's implementation of the cadre deployment policy which led to the conflict that is tearing the ANC apart. Now that Zuma's faction is in power, it wants to replace Mbeki loyalists with its own cadres - with no consideration of what is best for the people of South Africa or the due process set out in the Constitution.

The ANC believes that it has the right to control all appointments in the public service on the basis of factional loyalty. It does not.

The ANC's policy of cadre deployment - often disguised by the fig leaf of affirmative action - is unconstitutional.

The Constitution clearly states that it is the role of provincial governments - not political parties - to make appointments to the public service in provincial administrations. Section 197 (4) of the Constitution assigns responsibility to provincial governments for "recruitment, appointment, promotion, transfer and dismissal of members of the public service in their administrations". Furthermore, these appointments must not be made on the basis of political considerations.

Section 197 (3) states that: "No employee of the public service may be favoured or prejudiced only because that person supports a particular political party or cause".

Evidence presented in the City Press report would suggest that these constitutional provisions are being contravened all over the country.

The report indicates that Zuma's ANC is politicising the public service, infringing the rights of individual public servants, and eroding the distinction between party and state.

It is the role of the Public Service Commission - in terms of Section 196 (4)(f)(i) of the Constitution - to investigate and evaluate, on receipt of any complaint, "the application of personnel and public administration practices, and to report to the relevant executive authority and legislature".

For that reason, I have asked the PSC to investigate the following matters:

* Whether any public servant in any provincial administration has been appointed on the basis of his or her political affiliation;

* Whether any provision of the Public Service Act or the Constitution has been contravened in the appointment or dismissal of any senior public servant from any provincial administration;

* Whether the provincial executive committee (PEC) of the ANC in any one of the nine provinces has made any appointments to the public service, or instructed any appointments to be made, or whether the PEC overrode the authority of the provincial government in making any such appointments;

* Whether any director-general or any assistant director-general in any provincial administration has been appointed, dismissed, or redeployed on the basis of an instruction given by an ANC PEC or a so-called "provincial transitional committee" of the ANC;

* Whether the contract of any public servant has been suspended or extended on the basis of an instruction given by an ANC PEC or a so-called "provincial transitional committee" of the ANC;

* Whether the current term of all board and commissions established by the provincial governments in all nine provinces have been reviewed on the basis of an instruction given by an ANC PEC or a so-called "provincial transitional committee" of the ANC; and

* Whether any contract entered into between any provincial government, municipality and service provider has been reviewed on the basis of instruction given by an ANC PEC or a so-called "provincial transitional committee" of the ANC.

ANC President Jacob Zuma's ruling clique has already purged a State President and two Premiers. It now wants to control the public service and other state institutions whose independence is required and guaranteed by the Constitution. This is the politics of the closed, patronage society. It is a naked power grab by the victors of Polokwane and a desperate attempt to entrench their dominance at a time when the ruling party is disintegrating.

Statement issued by Helen Zille, leader of the Democratic Alliance, October 27 2008