Johannesburg – The Johannesburg High Court has on Friday rejected Ace Magashule’s challenge to his suspension as secretary-general of the African National Congress (ANC).
The High Court said its judgment was unanimous that Magashule could not claim that the party’s step aside rule violated his rights under Section 17 of the Constitution.
The court has delivered its ruling on the suspended secretary general’s application in which he wanted it to find that his suspension was unlawful and unconstitutional, and to endorse his suspension letter to President Cyril Ramaphosa.
“We are satisfied for the reasons that we have given that the ANC constitution is consistent with that of the country and the decision to suspend Magashule was effected in terms of the ANC constitution, was precautionary in nature and complied with the law relevant to precautionary suspensions,” said Judge Jody Kollapen.
The court also outlined the events that led to Magashule’s suspension and his attempt to suspend president Ramaphosa including the March meeting that decided to give members implicated in corruption 30 days to step aside or be suspended.
In his court papers, Magashule said his suspension was unlawful and he wanted the court to find that the party’s step aside rule was unconstitutional. Magashule said the rule was punitive and didn’t allow one the right to be heard a principle of natural justice.
