Suspended ANC secretary-general Ace Magashule’s application to challenge his suspension by the party was dismissed with costs on Friday.
This follows a full-bench unanimous decision by the Johannesburg high court.
Delivering the judgment, judge Jody Kollapen said: “The application incorporating the relief sought is dismissed with costs including the costs of three counsel. The judgment is handed down.”
Kollapen, in his summary of what drove the court to dismissing Magashule’s application, stated among other things that Magashule’s contention that his suspension failed to observe principles of natural justice was false.
Furthermore, the court was firm that the ANC constitution’s rule 25.70, from which Magashule’s suspension was derived, was consistent with the constitution of the country.
RECORDED | Judgment on Ace Magashule’s suspension to be delivered
On Magashule’s claim that he was not afforded a hearing before his suspension, the court held that this was not supported by facts, as Magashule had to state his case before the ANC Integrity Commission as well as national officials of the party.
Magashule’s “purported suspension” of ANC president Cyril Ramaphosa, noted the court, was not in line with the rule 25.70 because Ramaphosa was not charged with any crime.
Magashule is at loggerheads with his party after Ramaphosa suspended him for defying the ANC’s step-aside resolution. Under the step-aside regime, when an ANC member is charged with a serious criminal offence, they should step aside from their position. If they do not, they may be suspended.
