In a reversal of its chairperson's hardline stance, the African National Congress (ANC) announced it would review its cadre deployment policy after the state capture commission found it unconstitutional and unlawful.

The party also indicated it would defend its policy against the Democratic Alliance's (DA's) court case to have it declared unlawful and unconstitutional.

That was, however, before the ANC's national executive committee (NEC) met earlier this week.

In its statement following the meeting, the NEC noted the Zondo Commission released its final reports on state capture.

"While detailing the nature, extent and scope of state capture, the report also makes critical findings about our movement and its government, and individual members of the African National Congress," read the statement.

"The NEC noted that some of the observations and findings are indeed unsettling, but vow that the movement will honestly and openly deal with all aspects of the commission's report. This should strengthen the renewal of the movement, to identify shortcomings and take the necessary steps to address them."   

The NEC adopted an "immediate action plan".

On the topic of cadre deployment, the NEC said, "On findings on weaknesses and lapses by the ANC, the ANC will, among others, review its policies with respect to cadre deployment policy and practice; party funding principles; organisational discipline and accountability; and parliamentary oversight."

A task team headed by long-serving ANC NEC member Jeff Radebe - who was a Cabinet minister during the state capture era - will make "recommendations on key principles in each of these areas".

The statement did not elaborate on what form this "review" of a policy that dates back to the late 1990s will take.

Chief Justice Raymond Zondo's findings against cadre deployment were damning.

He said by President Cyril Ramaphosa and the ANC's own admission, it could be abused to facilitate corruption and state capture.

Zondo said if a party could decide appointments it could abuse this power "to achieve ends which are not in the best interests of the country".

He added the current constitutional and statutory framework rendered it "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 political party in deciding who should be appointed to a position in the public service or in organs of state or parastatals".

Days after the release of the report, ANC chairperson Gwede Mantashe slammed Zondo's findings on cadre deployment and dismissed it as that of a commission and not a court.

"What is unlawful should be that, in 1994, every head of the department was white. That is really what is unlawful, but if cadre deployment, which changed this situation, is now deemed unlawful, then I do not know what unlawful is," he said.

Shortly before the release of Zondo's final reports, the DA applied to the Gauteng High Court in Pretoria to have cadre deployment declared unconstitutional and unlawful.

The ANC filed a notice that it would oppose the application on 1 July.