By Loyiso Sidimba | IOL |
Suspended ANC secretary-general Ace Magashule has lost his bid to overturn his suspension from the powerful position.
The full bench of the South Gauteng High Court – Judges Jody Kollapen, Sharise Weiner and Edwin Molahlehi – unanimously dismissed Magashule’s urgent application, with costs on Friday.
”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,” the judges ruled.
In the paragraphs indicated by the judgment, Magashule sought an order declaring that the ANC step-aside rule or regime and/or rule 25.70 of the ANC constitution to be unlawful, unconstitutional, invalid and null and/or void ab initio (invalid from the beginning).
He also sought to have the suspension letter issued by ANC president Cyril Ramaphosa on May 5 (but dated May 3) 2021 to be unlawful, unconstitutional, invalid and null and/or void ab initio.
Magashule wanted his purported suspension of Ramaphosa to be valid and effective until lawfully nullified.
However, the judges found that the mandatory requirements to effect the suspension of Ramaphosa were absent in Magashule’s purported suspension letter.
”Ramaphosa’s suspension was in conflict with the ANC constitution,” the judges stated.
The high court also found that the ANC’s constitution is consistent with that of the country.
Magashule also lost his application to strike out Ramaphosa’s entire answering affidavit, as the high court dismissed it with costs, including the costs of three counsels.
The judges granted Ramaphosa’s application for condonation of the late filing of his answering affidavit.
During the hearing, Magashule’s legal representative, Dali Mpofu SC had accused the ANC and its leaders, including deputy secretary-general Jessie Duarte, of flagrantly disregarding the timetable and displaying a sense of arrogance and entitlement.
Mpofu said the ANC and its leaders literally ignored the deadlines and used the court as though it was just their side office, which he felt was something that must be deprecated.
”The court must pronounce on this strongly. It deserves the strongest judicial frown,” said Mpofu, adding that breach of the high court’s rules was prejudicial.