South Africa


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

Suspended ANC Secretary-General Ace Magashule (Photo: Gallo Images/Papi Morake)

The Gauteng High Court has ruled that there are no ‘compelling reasons’ for leave to appeal to be granted to the ANC’s suspended secretary-general, Ace Magashule.

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. 

The court rejected every ground of argument for leave to appeal put forth by Ace Magashule. (Photo: Leila Dougan/Daily Maverick / Road Markings: Mohammadreza Ghorbani/Unsplash)

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


Comments - share your knowledge and experience

Please note you must be a Maverick Insider to comment. Sign up here or sign in if you are already an Insider.

Everybody has an opinion but not everyone has the knowledge and the experience to contribute meaningfully to a discussion. That’s what we want from our members. Help us learn with your expertise and insights on articles that we publish. We encourage different, respectful viewpoints to further our understanding of the world. View our comments policy here.

All Comments 9

  • When will the idiotic cadres who have placed their faith (blind as it is!) in dilly Dali’s ability to formulate ‘legal’ defence arguments, come to their senses that they are dealing with a self-serving opportunist? Frankly, even I as one with no legal training, listening to his specious and convoluted (pretending to be ‘learned’) arguments, find him to be an embarrassment to the profession. Why he has not been stripped of the right to practice law, is beyond me ! BUT then … you can fool a lot of the people a lot of the time … isn’t it ? Making an ass of the law seems the way to go with him !

  • So Ace has been trumped by the Gauteng High Court with costs. Does anybody know who’s paying his lawyer(s) for all the “delay” cards that his “legal advisers” have up their sleeves? I’m sure they have more cards to play! After all, it took 20 years to get JZ into jail and Ace probably has the same cards to play as JZ.

    If it’s the ANC , it’s no wonder that august institution is broke and near bankrupt. If it’s the SA taxpayer ……..

    Stop the world please! All the honest politicians in South Africa want to get off! There’s only a couple of them so it won’t have to stop for long.

  • Don’t worry He can always use the ace up his sleeve and require hospitalisation instead of prison if and when convicted! Seems to be the latest fashion with corrupt and dishonest ANC connections these days. Zuma set the tune to which they now all dance!