By: Staff Reporter
The Suspended Secretary-General of the African National Congress (ANC) Ace Magashule has had his leave to appeal his suspension from the party denied.
The ANC suspended Magashule in May for not complying with party resolution to step aside.
The resolution states that: “Where a public representative, office-bearer or member has been indicted to appear in a court of law on any charge, the secretary-general or provincial secretary, acting on the authority of the NEC [national executive committee], the NWC [national working committee], the PEC [provincial executive committee] or the PWC [provincial working committee] … may suspend such public representative, elected office-bearer or member and impose terms and conditions to regulate their participation and conduct during the suspension.”
Magashule had lodged the leave to appeal application in the High Court in Johannesburg, saying it had erred in upholding his suspension. His legal team had also complained that the court was biased in its ruling and was playing a political game.
The High Court said no political imperatives influenced its decision or any “prejudgment” of the issue before the court.
“We, therefore, reject the applicant’s contentions that we displayed bias, either actual or perceived, and do not believe that a higher court would come to a different conclusion considered the step aside rule in relation to its content, objective and relationship with the other provisions of the Constitution,” the judgement read.
Magashule and the party have been at loggerheads since he was ordered to step aside until his court case in Bloemfontein concludes. The case relates to an asbestos tender that the Free State Government awarded while he was premier. He faces fraud and corruption charges for his alleged involvement in the case.
