High Court swats aside Magashule’s bid to have his suspension ruling declared illegal

On Monday, suspended ANC Secretary-General Ace Magashule lost his application for leave to appeal against a court judgment that upheld his suspension from the ruling party. The Gauteng High Court in Johannesburg dismissed Magashule’s application with costs. 

“We conclude that there is no prospect that another court would come to a different conclusion, nor are there any compelling reasons why leave to appeal should be granted,” read the judgment. 

  2021.09.13 Judgment -

The court rejected every ground of argument for leave to appeal put forth by Magashule, including his contention that a full bench was biased when it found that his suspension from the ANC was legal, but his “suspension” of President Cyril Ramaphosa on 3 May was unlawful. 

“There were no political imperatives which influenced our decision, nor did we pre-judge the issues before us. 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,” read the judgment. 

Magashule had approached the Gauteng High Court in July to appeal a court judgment that had dismissed his application to have his suspension from the ANC declared illegal. 

In March the ANC gave Magashule 30 days to step aside from his position as secretary-general, because of the fraud and corruption charges he is facing in connection with a R255-million asbestos tender in the Free State, which happened while he was the province’s premier. 

After failing to step aside in accordance with the ANC’s rules regarding members implicated in corruption, Magashule was suspended in May. 

Shortly after his suspension from the party, Magashule suspended Ramaphosa for allegedly violating the same rule as party president. In addition, the High Court found that Magashule’s so-called suspension of Ramaphosa was illegal. DM