Johannesburg – Beleaguered ANC secretary-general Ace Magashule’s lawyers insisted today in the High Court in Johannesburg that his deputy, Jessie Duarte did not have the powers to suspend him.
Magashule’s representative, Dali Mpofu SC, spent the better part of the day arguing against the constitutionality of the ANC’s rule 25,7 which provides for the stepping-aside of leaders facing charges of corruption.
Mpofu insisted in his argument that Duarte did not have the authority to suspend Magashule.
“This whole thing (application of rule 25,70) is being implemented by someone who has no authority,” he said.
Turning his attention to the rule itself, Mpofu said it violated the principle of being presumed innocent until proven guilty; the right to appeal and the right to defend oneself.
He said the party’s amended resolution on corruption, arising from its conference in 2017, was repurposed to suit President Cyril Ramaphosa’s faction.
Mpofu added that provisions for the stepping-aside of leaders accused of corruption or being investigated for malfeasance were removed to shield some leaders who are not in Magashule’s camp.
Earlier, Magashule’s legal battle to have his suspension got off to a rocky start.
This was after three intervention applications in support of Magashule’s application were dismissed with costs by the high court in Johannesburg.
Zimbabwean-born South African businessman Mutumwa Mawere, tow 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.
However, the court dismissed the intervention applications with costs, noting that the ANC constitution empowered Duarte to suspend Magashule, among others.
In his papers, Magashule also submitted to the court that Duarte did not have powers to suspend him.
Mpofu 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 as 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.”
The court was adjourned and will resume tomorrow at 9 am. Wim Trengove, representing Ramaphosa and the ANC, will lead the organisation’s defence against Magashule’s application.
Also read: Ace Magashule’s legal battle begins with a rocky start
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