Ace Magashule Fails To Overturn His Suspension

ANC secretary-general, Ace Magashule, has lost his bid to overturn his suspension after the Gauteng High Court dismissed his application to overturn his suspension as ANC secretary-general and ordered him to pay the legal costs.

 

 

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On Friday, the court ruled that ANC's secretary general, Ace Magashule's, suspension was valid and that the ANC's step-aside rule was constitutionally sound. It also ruled that Magashule's attempt to, in turn, suspend President Cyril Ramaphosa had no merit. 

”The application incorporating the relief sought in paragraphs 2.1 to 2.3 of the notice of motion is dismissed with costs, including the costs of three counsels,” Judge Jody Kollapen ruled.

According to reports by News24, Magashule argued that his suspension was in violation of his rights, but the court ruled that he had been afforded a hearing prior to his suspension by the ANC.

Kollapen continued to say, "Furthermore, he was afforded ample opportunity at various levels of the process leading to his suspension to make representations as to why he should not be suspended. In particular, he had the fullest opportunity and did, in fact, state his case when he appeared before the Integrity Commission as well as in other meetings of the NEC and in other meetings of the leadership of the ANC."

We, therefore, conclude that the principles of natural justice including Audi Alteram were observed prior to his suspension.

In a unanimous judgment, judges Jody Kollapen, Edwin Molahlehi and Sharise Weiner demolished his defences, declaring that the ANC’s Rule 25.7, by which members charged with corruption must step aside, to be legal.

This was after Magashule's lawyer, Dali Mpofu, argued that the ANC’s actions had harmed Magashule’s constitutional rights to free political association. 

In response, Judge Kollapen went on to say that "the ANC constitution provides comprehensively for participation (by its members)” and that it was the right of a political organisation to discipline, suspend or expel its members as long as there was a fair procedure.

He added that “the ANC To suggest that every attempt to regulate the relationship with its members was unconstitutional, could not stand up to legal scrutiny, the court found. Rule 25.7 (the ANC step-aside rule) did not amount to discrimination,”

Additionally, the court also ruled that Magashule's attempt to suspend President Cyril Ramaphosa, in retaliation to his own suspension, to be illegal. 

“There is no substance to the view that the court must grant a declarator (a declaration of legality)… President Cyril Ramaphosa has not been criminally charged,” said Kollapen for the court. “There is no basis for granting the relief sought,” Kollapen said

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