Suspended ANC Secretary-General Ace Magashule has lost his bid to set aside the temporary suspension of his membership by the party’s National Executive Committee (NEC).
The Johannesburg high court dismissed his application with costs in a unanimous ruling on Friday (9 July).
‘Precautionary suspension’
“We are satisfied, for the reasons we have given, that the ANC’s constitution is consistent with that of the country and that the decision to suspend Mr Magashule was effected in terms of the ANC’s constitution, was precautionary in nature and complied with the law relevant to precautionary suspensions,” Judge Jody Kollapen said.
The ANC suspended Magashule in May after he failed to step aside from his position in accordance with a party resolution that affects members charged with corruption or other seroius crimes.
He however issued a statement disputing Deputy Secretary-General Jessie Duarte’s authority to suspend him. He also purported to suspend ANC President Cyril Ramaphosa.
Magashule later filed an urgent court application against his suspension. He argued that the ANC’s Rule 25.70, widely known as the “step aside rule,” is unconstitutional and asked the court to uphold his purported suspension of Ramaphosa.
Magashule loses every aspect of court bid
The embattled Secretary-General however lost every aspect of his application. Kollapen said Rule 25.70 is not in conflict with the ANC constitution or that of South Africa.
“Where, on the one hand, the decision to suspend taken in terms of Rule 25.70 is punitive in nature, the Rule may well require the applicability of the principles of natural justice,” Kollapen said.
“On the other hand, a precautionary suspension does not attract the principles of natural justice and cannot be rendered to attack when those principles are not applied. This is a matter of principe.”
The court further ruled that the ANC, like all other private associations, has a right to regulate the participation of its members provided that such regulation “passes the scrutiny of the constitution.”
Presumption of innocence
It added that the principle of presumption of innocence until proven guilty is confined to criminal trial proceedings and Magashule’s attempt to apply it to Rule 25.70 is “misplaced and unsustainable.”
According to the court, there is not merit to Magashule’s contention that the ANC NEC “narrowed” the party’s 2017 step aside resolution to include only those who have been charged in a court of law.
It also ruled that Magashule’s purported suspension of Ramaphosa was unlawful because Ramaphosa had not been indicted in a court of law.
In addition, he could not suspend himself because this would have created a conflict of interest, meaning that it fell on Duarte to suspend him.