Ace in a hole? SG now facing permanent expulsion from ANC

It’s been a tough week for the Zuma-aligned RET (radical economic transformation) faction of the ANC, as Ace Magashule suffered a blow in court and could now possibly face permanent expulsion from the party.

On Friday morning the high court in Johannesburg dismissed suspended ANC secretary-general Magashule’s urgent application to have his suspension by the ANC overturned with costs.

This was just a day after his RET-partner, former president Jacob Zuma, spent his first night behind bars and Carl Niehaus was arrested while live on television for violating lockdown regulations while marshalling MK veteran troops in support of Zuma.

Magashule was challenging the constitutionality of the party’s contentious step-aside guidelines adopted at its 54th national conference. He argued that the step-aside rule was unconstitutional, flouted the principle of innocent until proven guilty and violated his right to participate in the party’s political activities.

Judge Jody Kollapen, however, disagreed. Delivering his ruling, he said the ANC guidelines were within the country’s Constitution and members agreed to abide by them when they joined the party.

“Provided that the ANC constitution is consistent with the Constitution of the state and provided that the ANC is loyal to its own constitution, it’s largely left to the ANC to best regulate its internal functioning,” Kollapen said.

“This is what all members of the ANC sign on to when they elect to be part of the ANC. And this is the glue, as it were, that binds them together. It is a choice the court must respect within limits.”

He also said the principles of natural justice had been observed, considering that Magashule was afforded a hearing before his suspension.

End of the road for Ace?

The court’s finding could, however, hold much more significant problems for Magashule, as it could lead to him being booted out of the ANC for good, according to political analyst Dr Ralph Mathekga.

“Most likely, they [the ANC] will move to expel him from the party,” Mathekga told The Citizen following the ruling.

He described Magashule’s court blow as “big ground to lose”.

“He’s in a very bad position now.”

Mathekga believes Magashule could be facing a taste of his own medicine now, as the suspended SG has in the past been a vocal champion of seeing those who take the party to court for any reason permanently expelled.

Mathekga doesn’t expect a massive backlash from Magashule’s supporters, suggesting they might have sensed a shift in the political winds and are moving with it.

“When you are out of power, things change – people begin to realign themselves,” Mathekga said.

He said the ANC was showing strong leadership at the moment, too.

“When the party’s quiet it may appear that people are strong against some resolutions but when the party comes out and shows leadership – and the national executive committee shows leadership – members of the ANC always follow.”

Analysts have previously suggested the Magashule saga could lead to a split in the ANC but Mathekga said this would be difficult for the suspended secretary-general.

“Sometimes individuals start thinking they’re bigger than the party but the ANC has a lot of party infrastructure and institutional infrastructure,” he said. “And once you step outside of the ANC, a lot changes.”