Johannesburg – The Joburg High Court on Friday morning upheld the ANC’s suspension of its secretary-general, Ace Magashule.
The court unanimously rejected Magashule’s assertion that his suspension of the party’s president Cyril Ramaphosa was legal.
Judges Jody Kollapen, Sharise Weiner and Edwin Molahleli also agreed that the right of a party to suspend its members does not stand in conflict with the right of a person to participate in a political party.
The decision effectively means that Magashule’s suspension stands, unless set aside by a court of law.
Magashule was suspended by the ANC on May 5, following a special meeting of the organisation’s NEC.
The decision followed his arrest on corruption charges in November.
In an unprecedented move, the former Free State premier later issued a letter in which he singlehandedly – and without consultation with the party’s other executives – sought to suspend Ramaphosa.
Magashule’s case was dismissed on all grounds he launched, including on the issue of innocence until proven guilty, natural justice and the constitutionality of the party’s step aside resolution.
Judge Jody Kollapen further said, “We are satisfied for the reasons we have given that the ANC constitution is consistent with that of the country and that the decision to suspend Mr Magashule was effected in terms of the constitution, was precautionary in nature and complied with the law relevant to precautionary suspensions,” he said.
Rule 25.70 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, the NWC, the PEC or the PWC, 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.”
Kollapen said the rule could not be used to suspend Ramaphosa.
“It is clear and it is common cause that in the context of this matter Mr Ramaphosa has not been charged in respect of any criminal offence and therefore simple logic will conclude it is not open to the ANC or to anybody to use rule 25,70 in circumstance were the individual in question has not been charged,” he said.
The court also dismissed Magashule’s contention that his deputy, Jessie Duarte, did not have powers to suspend him.
“It is clear from the facts of this case that neither the NEC (national executive committee) nor the NWC (national working committee) could issue an instruction that Mr Magashule to suspend himself. This would have placed him in a situation of a conflict of interest.”
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