Magashule vs ANC: Court dismisses applications for intervention

The legal showdown between the ANC and its embattled suspended secretary-general, Ace Magashule, got underway on Thursday morning with the Johannesburg high court dismissing applications by parties who wanted to intervene in the matter.

The court heard at least three applications for intervention before it could proceed with hearing the main application brought by Magashule.

The case is being heard by the full bench of the high court from Thursday to Friday, with proceedings being held virtually due to the Covid-19 pandemic.

ALSO READ: Magashule’s court challenge is weakening ANC ahead of local polls, say analysts

Among the applicants was Zimbabwean-South African businessman and suspended ANC member Mutumwa Dziva Mawere, who was challenging the ANC’s disciplinary processes and the ANC’s national executive committee’s (NEC’s) authority to appoint Duarte as acting secretary-general.

Mawere was suspended as a branch secretary in 2012 and launched a legal challenge in 2013.

The high court dismissed the application with costs, saying it was not urgent.

The other applications for intervention were from ANC members and were also dismissed by the court.

The ANC opposed all three applications.

Magashule’s application

Magashule has brought an application before the high court seeking to overturn his suspension in May and challenge the party’s controversial step-aside resolution. ANC president Cyril Ramaphosa and ANC deputy secretary-general Jessie Duarte have been cited as respondents.

He was suspended in line with the ANC’s rule 25.70 in its constitution which requires all party members who have been criminally charged to temporarily step aside pending the conclusion of their cases.

The former Free State premier faces fraud and corruption charges in the province in connection with a R255 million asbestos project.

In court papers, Magashule argued that the step-aside 27.5 rule adopted by the party’s NEC earlier this year is targeted at him and tramples on his constitutional right to be presumed innocent until found guilty by a court of law.

He wants the high court to declare the ANC resolution unlawful, unconstitutional and invalid as well as declare his attempt to suspend Ramaphosa valid and effective until it is lawfully nullified.

Magashule wrote a letter ordering Ramaphosa to step down as  ANC president over allegations of vote buying during his CR17 ANC presidential campaign in 2017. Ramaphosa has denied these claims.

Magashule is being represented by advocates Eric Mabuza and Dali Mpofu, while the ANC appointed high-profile law firm Ledwaba Mazwai Attorneys as instructing attorneys supported by three senior counsel members, Wim Trengove, Ngwako Maenetje and Fana Nalane, with junior counsel Buhle Lekokotla.

The case continues.

READ NEXT: Ace unleashes scathing attack against Thabo Mbeki