If granted leave to appeal, Magashule to put new evidence before SCA

South Africa

Johannesburg – Suspended ANC secretary-general Ace Magashule wants to put new evidence before the Supreme Court of Appeal if he is granted leave to appeal against the Johannesburg High Court’s rejection of his bid to get his suspension overturned.

The same three judges who dismissed his attempt to get his suspension set aside last month, heard on Wednesday argument as to why he should – or should not be – given leave to appeal the court’s decision.

Judgment was reserved.

Magashule will now have to wait to find out whether his bid for leave to appeal has succeeded. His council, Dali Mpofu, yesterday accused the judges hearing the matter of being biased in favour of the respondents – who include President Cyril Ramaphosa and ANC deputy secretary-general, Jessie Duarte.

He said if leave to appeal was granted, they would apply to put new evidence before the Supreme Court of Appeal, including that Ramaphosa’s Cabinet reshuffle involved ministers were themselves facing corruption allegations.

“This judgment is really premised on one fundamental philosophical foundation which is that the acceptance of the theory, to be generous, that the ANC was motivated by some anti-corruption crusade and evangelism which is completely not the case. On our version the suspension was motivated by nothing other than factionalism and the application of the step-aside rule is done in a factional way.”

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