ANC vs Magashule: High court set to hear application in June

The High Court in Johannesburg is expected to hear Ace Magashule’s application seeking to overturn his suspension as ANC secretary-general later in June.

In May, Magashule approached the high court on a semi-urgent basis after he was suspended by the ANC’s national working committee for failing to comply with the 30-day period given for him to voluntarily step down from his position.

He faces fraud and corruption charges in the Free State in connection with a R255 million asbestos project while he was the province’s premier.

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

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In his 128-page application, Magashule wants the high court to declare the ANC’s step aside resolution unlawful, unconstitutional and invalid. He believes the resolution was adopted to specifically target him and says it undermines his constitutional rights to be presumed innocent until proven guilty by a court of law.

Magashule also wants the court to declare his attempt to suspend President Cyril Ramaphosa valid and effective until it is lawfully nullified. He wrote a letter ordering Ramaphosa to step down as president over allegations of vote buying during his CR17 ANC presidential campaign in 2017.

He has brought out the big guns and has Eric Mabuza – who has previously acted for former president Jacob Zuma and acted for the former chief operations officer in the Office of the Public Protector, Basani Baloyi – as well as advocate Dali Mpofu, SC in his corner.

The ANC appointed high-profile law firm Ledwaba Mazwai Attorneys as instructing attorneys supported by three senior counsel: Wim Trengove, Ngwako Maenetje and Fana Nalane, and junior counsel Buhle Lekokotla.

The firm has a number of bigwig clients under its belt and represented the executors of former president Nelson Mandela’s estate during the legal tug-of-war over his Eastern Cape homestead. It also assisted former public protector Lawrence Mushwana in his case against Mail & Guardian over his 2005 report into the Oilgate scandal.

The case is expected to be heard before the full bench of the high court from 24 to 25 June 2021.

Additional reporting by Bernadette Wicks.

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