Johannesburg – Embattled ANC secretary-general Ace Magashule’s legal battle to have his suspension overturned got off to a rocky start.
This is after three intervention applications in his support were dismissed with costs by the High Court in Johannesburg.
Zimbabwean-born South African businessman Mutumwa Mawere, two individuals in the Free State and three ANC branches were among those who argued in their intervention applications that Magashule’s suspension was unconstitutional.
Mawere told the court that ANC deputy secretary-general Jessie Duarte did not have the powers to suspend the former Free State premier, among others.
However, the court dismissed the intervention applications with costs, noting that the ANC constitution empowered Duarte to suspend Magashule.
In his papers, Magashule also submitted to the court that Duarte did not have powers to suspend him, among others.
Representing Magashule, Dali Mpofu SC, complained at the start of proceedings of the main application, saying that the court had already dealt with some aspects of the merits of Magashule’s case. He added by doing so the court has already created an impression that it has pre-judged some parts of the case.
Magashule is on suspension after refusing to step aside as instructed by the party in line with its 2017 resolution that those criminally charged step aside from their positions.
The ANC resolved that Magashule step-aside in conformation with the party’s rule 25.70, which reads: “Where a public representative, office bearer or member has been indicted to appear in a court of law on any charge, the secretary-general or provincial secretary, acting on the authority of the NEC (national executive committee), the NWC (national working committee), the PEC (provincial executive committee) or the PWC (provincial working committee), if satisfied that the temporary suspension of such public representative, office-bearer or member would be in the best interest of the organisation, may suspend such public representative, elected office bearer or member and impose terms and conditions to regulate their participation and conduct during the suspension.”
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