By Kaya 959 News
The Johannesburg High Court has dismissed Ace Magashule‘s application to have his suspension overturned.
The application was dismissed with costs. The court ruled that the ANC’s step aside rule did not violate the suspended ANC secretary-general’s constitutional rights.
“We are satisfied, for the reasons that we have given, that the ANC constitution is consistent with that of the country and that the decision to suspend Mr Magashule was: (a) effected in terms of the ANC constitution; (b) was precautionary in nature; and (c) complied with the law relevant to precautionary suspensions,” Judge Jody Kollapen said.
The ANC’s National Executive Committee resolved in March that members charged with serious crimes, such as corruption, must step aside from their position to deal with the allegations.
Failure to do so within 30 days would result in suspension.
Magashule calls step aside resolution unlawful
Magashule, who is facing charges related to the controversial Free State asbestos tender, refused to step aside.
He called the rule “unconstitutional” and “unlawful”. President Cyril Ramaphosa suspended Magashule in May.
Hours later, Magashule issued the president with a suspension letter of his own.
The high court ruling means that Magashule will remain suspended until the criminal case is finalised.
Court rules on Ramaphosa suspension
Magashule also asked the court to uphold Ramaphosa’s suspension. But Kollapen ruled that the suspension could only be upheld if Ramaphosa had been charged.
“It is clear in the context of this matter that Mr Ramaphosa has not been charged in respect of any criminal offence.”
— Kaya 959 News (@KayaNews) July 9, 2021